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LABRANCHE v. FATTY'S, LLC

No. 2010 CA 0475.

48 So.3d 1270 (2010)

Penny LABRANCHE v. FATTY'S, LLC.

Court of Appeal of Louisiana, First Circuit.

October 29, 2010.

Attorney(s) appearing for the Case

Laurie W. Maschek , Slidell, LA, for Plaintiff-Appellant Penny Labranche.

John J. Rabalais , Covington, LA, for Defendant-Appellee Super Stop Enterprises.

Before KUHN, PETTIGREW, JJ., and KLINE, J. pro tempore.

PETTIGREW, J.

The primary issue presented in this appeal is whether defendant, Super Stop Enterprises, Inc. ("Super Stop"), was the statutory employer of claimant, Penny Labranche, at the time of her alleged work-related accident. Following a judgment granting Super Stop's exception raising the objection of no right of action and dismissing Ms. Labranche's claims, with prejudice, Ms. Labranche now appeals. For the reasons set forth below, we affirm.

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