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ALLEN v. EXHIBITION HALL AUTHORITY

No. 2002-C-1072.

842 So.2d 373 (2003)

Louise ALLEN, v. The STATE of Louisiana through the ERNEST N. MORIAL—NEW ORLEANS EXHIBITION HALL AUTHORITY and Scottsdale Insurance Company.

Supreme Court of Louisiana.

April 9, 2003.

Attorney(s) appearing for the Case

John G. Allelo, Baton Rouge, Holly A. Graphia, Kelly Y. Scott, Crawford & Lewis for Applicant.

George H. Jones, New Orleans, for Respondent.

Stevan C. Dittman, New Orleans, Alonzo T. Stanga, III, Metairie, for Louisiana Trial Lawyers Association (Amicus Curiae)

WEIMER, Justice.

We granted certiorari in this case to resolve a conflict in the courts of appeal with respect to whether the "two contract" theory of the statutory employer defense, embodied in Louisiana Revised Statutes 23:1032 and 23:1061, contains a temporal requirement. More specifically, we granted writs to determine whether a defendant who seeks to invoke the "two contract" theory of the statutory employer defense...

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