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PALERMO v. PORT OF NEW ORLEANS

Nos. 2004-CA-1804, 2004-CA-1805.

951 So.2d 425 (2007)

Jake PALERMO v. The PORT OF NEW ORLEANS, et al. Abraham Veal and Sheila Rochelle Veal v. The Port of New Orleans, et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 19, 2007.

Attorney(s) appearing for the Case

Mickey P. Landry, Frank J. Swarr, David R. Cannella, Landry & Swarr, L.L.C., Richard C. Stanley, Thomas M. Flanagan, Stanley, Flanagan & Reuter, L.L.C., New Orleans, LA, for Jake Palermo, Abraham Veal and Sheila Rochelle Veal.

Joseph P. Tynan, Montgomery Barnett Brown Read Hammond & Mintz, L.L.P., Francine Weaker, New Orleans, LA, Henry E. Yoes, III, Yoes Law Firm, Lake Charles, LA, for Board of Commissioners of the Port of New Orleans.

Gary A. Lee, Richard M. Perles, A. Ann Cates, Patricia C. Penton, Lee, Futrell & Perles, L.L.P., New Orleans, LA, for Dixie Machine Welding & Metal Works, Inc.

H. Philip Radecker, Jr., Montgomery Barnett Brown Read Hammond & Mintz, L.L.P., New Orleans, LA, for Buck Kreighs Company, Inc.

Lawrence C. Pugh, III, Edward R. McGowan, Alison S. Borisen, Montgomery Barnett Brown Read Hammond & Mintz, L.L.P., New Orleans, LA, for Eagle, Inc.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD).

ON REHEARING GRANTED

PATRICIA RIVET MURRAY, Judge.

These consolidated cases1 were instituted by the adult offspring of two individuals, Jake Palermo and Abraham Veal, whose deaths were allegedly caused by occupational exposure to asbestos from their work on the wharves on the Mississippi River in New Orleans. Four defendants, namely: the Port of New Orleans ["the Dock Board"]; Eagle, Inc. ["Eagle"]; Buck Kreihs Company, Inc....

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