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JAMES v. STATE, DEPT. OF WILDLIFE

No. 10-399.

54 So.3d 778 (2010)

Joey JAMES v. STATE of Louisiana, DEPARTMENT OF WILDLIFE & FISHERIES.

Court of Appeal of Louisiana, Third Circuit.

December 22, 2010.

Attorney(s) appearing for the Case

Henry St. Paul Provosty , Lena Giangrosso , Provosty & Gankendorff, New Orleans, LA, for Defendant/Appellant, State of Louisiana, Department of Wildlife & Fisheries.

Jere Jay Bice Bice , Palermo & Veron, Lake Charles, LA, for Plaintiff/Appellee, Joey James.

Court composed of OSWALD A. DECUIR, ELIZABETH A. PICKETT, J. DAVID PAINTER, JAMES T. GENOVESE and SHANNON J. GREMILLION, Judges.

GREMILLION, Judge.

The State of Louisiana, through the Department of Wildlife & Fisheries (the department), appeals the summary judgment granted in favor of Joey James, declaring that James, an employee of the department, is entitled to pursue his remedies under the Jones Act, 46 U.S.C. § 30104, against the department. For the reasons that follow, we reverse.

FACTS

James alleged in his petition against the department that he was employed...

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