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CELESTIN v. EMPLOYERS MUTUAL LIABILITY INS. CO. OF WIS.

No. 23092.

387 F.2d 539 (1968)

John Wallace CELESTIN, Appellant, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Appellee.

United States Court of Appeals Fifth Circuit.

January 3, 1968.

Attorney(s) appearing for the Case

J. St. Clair Favrot, Baton Rouge, La., for appellant.

Robert J. Vandaworker, Baton Rouge, La., for appellee.

Before RIVES and WISDOM, Circuit Judges, and CONNALLY, District Judge.

WISDOM, Circuit Judge:

The plaintiff-appellant, John Wallace Celestin, was a tree-cutter. In April 1963 he rented a 40-foot aluminum extension ladder from the American Rent All Company of Baton Rouge, Louisiana. The printed "Rental Agreement" he signed contained the following exculpatory clause:

"The lessor makes no warranty of any kind on said equipment and the lessee agrees to immediately return any leased equipment which develops indication of defect or...

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