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T. SMITH & SON, INC. v. RIGBY

Civ. A. No. 68-2155.

305 F.Supp. 418 (1969)

T. SMITH & SON, INC. v. Henry F. RIGBY, d/b/a Henry F. Rigby Dozer Service.

United States District Court E. D. Louisiana, New Orleans Division.

September 26, 1969.

Attorney(s) appearing for the Case

Maurice C. Hebert, Jr., of Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, New Orleans, La., for plaintiff.

Eldon T. Harvey, III, of Deutsch, Kerrigan & Stiles, New Orleans, La., for defendant.

OPINION

BOYLE, District Judge:

The plaintiff, T. Smith & Son, Inc. (hereafter T. Smith), is a stevedoring concern. It is a Louisiana corporation with its principal office in New Orleans. The defendant, Rigby, is a Louisiana citizen residing in Arabi, Louisiana. At all times pertinent herein, Rigby was in the business of himself operating earth moving equipment, as well as that of renting his equipment, with or without operators thereof, to building and...

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