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MAY v. CARSON

NO. 2021 CA 1156.

348 So.3d 88 (2022)

Rusten MAY, Bryan Boudreaux, John D. Lewis, III, Eric Jackson and Albert J. Walker, v. Lane CARSON, in His Capacity as Secretary of Louisiana Department of Veterans Affairs; and The State of Louisiana Through the Department of Veterans Affairs Through Its State Director of Veterans Affairs, Bill Dixon.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 16, 2022.

Attorney(s) appearing for the Case

Hannah B. Salter , New Orleans, Louisiana, Attorneys for Plaintiffs-Appellees, Bryan Boudreaux and John D. Lewis, III.

John B. Dunlap, III , Jennifer A. Fiore , Alexis M. Breedlove , Erin G. Fonacier , Baton Rouge, Louisiana And Jeffrey Martin Landry , Attorney General, Matthew P. Roth , Assistant Attorney General, Baton Rouge, Louisiana, Attorneys for Defendants-Appellants, David Lacerte, in his Capacity as Former Secretary of the Louisiana Department of Veterans Affairs, and the State of Louisiana, through the Department of Veterans Affairs, through its State Director, Bill Dixon.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

In this case, the State appeals the district court's summary judgment determination that two veterans of the Louisiana National Guard have qualifying disabilities pursuant to La. R.S. 29:26.1 and are therefore entitled to the State's $100,000 lump sum disability benefit. After review, we find insufficient evidence to support summary...

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