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BARBER v. EMPLOYERS INS. CO. OF WAUSAU

No. 2011 CA 0357.

97 So.3d 454 (2012)

Eugene BARBER, Charles Bradley, Sr., Ted Bradley, Noah Carter, Jr., Allen Davis, Ben Davis, Jr., Ben Davis, III, et al. v. EMPLOYERS INSURANCE COMPANY OF WAUSAU.

Court of Appeal of Louisiana, First Circuit.

June 28, 2012.

Attorney(s) appearing for the Case

Richard J. Fernandez , Amber E. Cisney , L. Eric Williams , Metairie, LA, Lynn E. Williams , Baton Rouge, LA, for Plaintiffs-Appellants Eugene Barber, et al.

H. Carter Marshall , Kevin R. Tully , Lawrence J. Ernst , Christovich & Kearney, LLP, New Orleans, LA, for Defendant-Appellee Employers Insurance Co. of Wausau.

Before CARTER, C.J., PARRO, and HIGGINBOTHAM, JJ.

PARRO, J.

In this toxic materials exposure and work hazards case, this appeal was filed on behalf of ten deceased employees1 whose wrongful death and survivorship claims against their former employer were dismissed as prescribed. After reviewing the record, we affirm the judgment in part, vacate in part, and remand.

FACTUAL AND PROCEDURAL BACKGROUND

This suit was filed on September 9, 2008, by or on behalf of seventy...

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