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BUHLER v. MARRIOTT HOTELS, INC.

Civ. A. No. 73-2317.

390 F.Supp. 999 (1974)

Ann H. BUHLER v. MARRIOTT HOTELS, INC., et al., Liberty Mutual Insurance Co., Intervenor.

United States District Court, E. D Louisiana.

August 20, 1974.

Attorney(s) appearing for the Case

Frank B. Hayne III, Hammett, Leake, Hammett, New Orleans, La., for plaintiff.

Robert A. Katz, Metairie, La., for intervenor.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel, New Orleans, La., for Marriott Hotels, Inc., Marriott Corp., Duman Investments, Inc., and Liberty Mutual.

A. R. Christovich, Jr., Christovich & Kearney, New Orleans, La., for Daley and Sikora, McGrath.

ALVIN B. RUBIN, District Judge.

The defendants have moved for partial summary judgment in an attempt to foreclose plaintiff's claim to the extent that it states a claim for damages for violation of the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq. They rely on this court's decision in Skidmore v. Travelers Insurance Company, E.D.La.1973, 356 F.Supp. 670, and the Fifth Circuit's affirmance of it,

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