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DUFOUR v. DOW CHEMICAL CO.

No. 12-CA-912.

119 So.3d 630 (2013)

Mark DUFOUR and Pierre Carmouche v. DOW CHEMICAL COMPANY.

Court of Appeal of Louisiana, Fifth Circuit.

May 23, 2013.

Attorney(s) appearing for the Case

Kevin Tucker , Attorney at Law, Metairie, LA, for Plaintiffs/Appellants.

Chet D. Traylor , Donesia D. Turner , Corwin St. Raymond , Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges FREDERICKA HOMBERG WICKER, MARC E. JOHNSON, and STEPHEN J. WINDHORST.

FREDERICKA HOMBERG WICKER, Judge.

Plaintiffs appeal the trial court's judgment dismissing their claims against defendant for failure to respond to discovery. Because we find the trial judge abused her discretion in dismissing plaintiffs' claims, we vacate that portion of the judgment and remand this matter to the trial court for further proceedings.

FACTS AND PROCEDURAL HISTORY

This litigation arises out of a July 7, 2009 ethyl acrylate...

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