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FOSTER v. U.S. AVIATION UNDERWRITERS, INC.

No. 43,056-CA.

981 So.2d 756 (2008)

Larry FOSTER and B.J. Fuller, Plaintiffs-Appellants, v. U.S. AVIATION UNDERWRITERS, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

April 9, 2008.

Attorney(s) appearing for the Case

Fewell-Kitchens by Richard L. Fewell, Jr., Theodore Julius Coenen, IV, Monroe, for Appellants, Larry Foster and B.J. Fuller.

Deutsch, Kerrigan & Stiles, L.L.P. by Robert Emmett Kerrigan, Jr., Charles Eustace Leche, New Orleans, Davenport, Files & Kelly, L.L.P. by W. David Hammett, William G. Kelly, Jr., Monroe, for Appellees, U.S. Aviation Underwriters, Inc., Stephen Merle Gustafson, and AgAero, Inc.

Mulhearn & Smith, Inc. by LeRoy Smith, Jr., Tallulah, for Appellees, Bert T. Batchelor, Billy Ray Hodge, and Islington Plantation.

Before BROWN, WILLIAMS and DREW, JJ.

DREW, J.

Plaintiffs appeal a judgment denying their claim that drift from the aerial application of pesticides reached four of their crawfish ponds and caused the death of nearly all crawfish in those ponds. We affirm.

FACTS

Plaintiffs Larry Foster and Beverly J. Fuller operate a crawfish farm in Madison Parish, Louisiana. The farm consists of five ponds totaling approximately 211 acres, with the largest pond measuring 100 acres. Ditches surround...

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