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ALLEN v. C & H DISTRIBUTORS, L.L.C.

No. 15-30330.

813 F.3d 566 (2015)

Helen C. ALLEN; Robert E. Allen, Plaintiffs-Appellants, v. C & H Distributors, L.L.C.; KK America Corporation; Travelers Property Casualty Company of America; Ergocraft Contract Solutions; Great American Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 23, 2015.

Attorney(s) appearing for the Case

David Turansky (argued), Law Office of David Turansky, L.L.C., Shreveport, LA, for Plaintiffs-Appellants.

Donald J. Armand, Jr. (argued), Attorney, Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell, L.L.P., Kenneth E. Mascagni , Cook, Yancey, King & Galloway, A.P.L.C., Roger Joseph Naus (argued), Michael Allyn Stroud , Wiener, Weiss & Madison, A.P.C., Shreveport, LA, for Defendants-Appellees.

Harvetta Stroziei-Colvin , Assistant Attorney General, Shreveport, LA, for Amicus Curiae.

Before STEWART, Chief Judge, and KING and HIGGINSON, Circuit Judges.

Plaintiffs-Appellants Helen and Robert Allen filed a personal injury suit against Defendants for alleged workplace injuries to Helen Allen. Defendants moved for summary judgment, contending that the suit should be barred by judicial estoppel because the Allens failed to disclose the personal injury claim during their concurrent...

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