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FLEMING v. JE MERIT CONSTRUCTORS, INC.

No. 2007 CA 0926.

985 So.2d 141 (2008)

Bennett FLEMING v. JE MERIT CONSTRUCTORS, INC., Performance Contractors, Inc., and The Dow Chemical Company.

Court of Appeal of Louisiana, First Circuit.

March 19, 2008.

Attorney(s) appearing for the Case

Neil D. Sweeney, Steven K. Schilling, Baton Rouge, LA, for Plaintiff/Appellant, Bennett Fleming.

David M. Bienvenu, Jr., Todd S. Manuel, John Allain Viator, Jennifer M. Sigler, Baton Rouge, LA, and F. Barry Marionneaux, Plaquemine, LA, for Defendant/Appellee, The Dow Chemical Company.

John J. Rabalais, Heather Whittington Blackburn, Covington, LA, for Defendant/Appellee, JE Merit Constructors, Inc.

R. Scott Jenkins, Vanessa W. Servat, New Orleans, LA, for Defendant/Appellee, Performance Contractors, Inc.

Before PARRO, KUHN, and DOWNING, JJ.

KUHN, J.

Plaintiff appeals a summary judgment dismissing his tort claims against The Dow Chemical Company (Dow), based upon a finding that Dow was plaintiff's statutory employer. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL HISTORY

Dow entered into an "Agreement for Services" with HBT, Inc. (HBT), effective December 26, 1994, whereby HBT would perform contracting services for Dow as requested...

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