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KIRKLAND v. LUMMUS COMPANY

Civ. A. Nos. 2463, 2525.

230 F.Supp. 793 (1964)

Charles V. KIRKLAND, Plaintiff, v. The LUMMUS COMPANY, Defendant. William M. HOWARD, Plaintiff, v. The LUMMUS COMPANY, Defendant.

United States District Court E. D. Louisiana, Baton Rouge Division.

June 4, 1964.

Attorney(s) appearing for the Case

Dodd, Hirsch, Barker, Avant & Wall, O. Romaine Russell, Baton Rouge, La., for plaintiffs.

Cahill, Gordon, Reindel & Ohl, Raymond L. Falls, Jr., New York City, Breazeale, Sachse & Wilson, Victor A. Sachse, Baton Rouge, La., for Lummus Co.

Taylor, Porter, Brooks, Fuller & Phillips, Frank M. Coates, Jr., Baton Rouge, La., for Shell Oil Co.

AINSWORTH, District Judge:

The question raised by the defendant's motion to dismiss is whether this is a tort action which is prescribed in one year under LSA-Civil Code Article 3536 or a contract action which prescribes in ten years under LSA-Civil Code Article 3544.

On November 25, 1958, the plaintiffs were injured by an explosion in the Wyandotte Chemical Corporation plant at Geismar, Louisiana. Kirkland and Howard, plaintiffs, were employees of Wyandotte...

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