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COBB v. DELTA EXPORTS, INC.

No. 03-0033.

847 So.2d 739 (2003)

Johnny Leroy COBB, et al. v. DELTA EXPORTS, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

June 4, 2003.

Attorney(s) appearing for the Case

John Charles Anderson, Robert Wickliffe Fenet, J. Konrad Jackson, Fenet, Jackson & Anderson, New Orleans, LA, Jere Jay Bice, J. Rock Palermo III, Bice & Palermo, Lake Charles, LA, for Plaintiffs/Appellants Johnny Leroy Cobb and Margaret C. Cobb.

James R. Nieset, Plauche, Smith, & Nieset, Lake Charles, LA, for Defendants/Appellees City of Lake Charles Continental Insurance Company.

Albert David Giraud, Ginger Kaye De-Forest, Ungario & Eckert, Metairie, LA, for Defendants/Appellees America Ins. Co., Waste Management, Inc, and Delta Exports, Inc.

Russell Joseph Stutes Jr., Scofield, Gerard, Veron, et al, Lake Charles, LA, for Defendants/Appellees Greg Massey and Linda Massey.

Randall C. Mulcahy, Stockwell, Sievert, et al., Lake Charles, LA, for Defendants/Appellees State Farm Mutual Auto Ins. Co.

Court composed of ULYSSES GENE THIBODEAUX, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

The plaintiffs, Johnny Leroy Cobb and Margaret C. Cobb, appeal the judgment in favor of the defendants, the City of Lake Charles, Waste Management of Louisiana, and Delta Exports, Inc., granting their motions for summary judgment and dismissing them from the case. For the following reasons, we reverse in part, affirm in part, and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Following a January 1997 ice storm, the city of Lake Charles...

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