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MCI COMMUNICATIONS SERVICES, INC. v. HAGAN

No. 09-31226.

641 F.3d 112 (2011)

MCI COMMUNICATIONS SERVICES, INC., Plaintiff-Appellant, v. Wayne HAGAN and James Joubert, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 12, 2011.

Attorney(s) appearing for the Case

James J. Proszek (argued), Anthony J. Jorgenson , Kimberly R. Schutz , Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, OK, for Plaintiff-Appellant.

William C. Rowe, Jr. (argued), Derek Michael Tanner , Rowe Law Firm, Baton Rouge, LA, for Hagan.

Alexander R. Saunders (argued), Raymond A. Pelleteri, Jr. , Pelleteri & Wiedorn, L.L.C., New Orleans, LA, for Joubert.

Before GARWOOD, ELROD and SOUTHWICK, Circuit Judges.

GARWOOD, Circuit Judge:

This case arises from a January 20, 2006 incident in which an underground cable owned by plaintiff-appellant MCI was allegedly severed. MCI filed suit against defendants-appellees Wayne Hagan and James Joubert, alleging that Joubert was negligently excavating on a backhoe in violation of the Louisiana Damage Prevention Act (Louisiana Underground Utilities and Facilities Damage Prevention Law), LA. REV.STAT. ANN. § 40:1749.11 et seq...

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