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ASSOCIATED BRANCH PILOTS v. MEGGA INDUS.

No. 2006-CA-0795.

947 So.2d 155 (2006)

ASSOCIATED BRANCH PILOTS OF the PORT OF NEW ORLEANS v. MEGGA INDUSTRIES, INC., Houma Creosote Material and Houma Treated Material, Inc. d/b/a Houma Creosote Material.

Court of Appeal of Louisiana, Fourth Circuit.

December 6, 2006.

Attorney(s) appearing for the Case

Jeffrey A. Raines, Murphy Rogers Sloss & Gambel, New Orleans, LA, Alan R. Sacks, Rubin, Fiorella & Friedman, LLP, New York, NY, for Megga Industries, Inc.

Dominic J. Ovella, Joseph L. Spilman, III, Sean P. Mount, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, LA, for North American Capacity Insurance Company.

Court composed of Judge PATRICIA RIVET MURRAY, Judge DENNIS R. BAGNERIS, SR., Judge LEON A. CANNIZZARO, Jr.

LEON A. CANNIZZARO, Jr., Judge.

The appellant, North American Capacity Insurance Company ("North American"), appeals from a summary judgment granted in favor of Megga Industries, Inc. ("Megga"). Megga moves to dismiss the appeal arguing that the judgment is not a final, appealable judgment pursuant to La. C.C.P. art. 2083.

FACTS AND PROCEDURAL HISTORY

In December 1999, the plaintiff, the Associated Branch Pilots of the Port of New Orleans ("the Branch...

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