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CANADIAN UNIVERSAL INS. CO. v. THIBAUT OIL CO.

Civ. A. No. 84-3504.

622 F.Supp. 1055 (1985)

CANADIAN UNIVERSAL INSURANCE COMPANY and American Universal Insurance Company v. THIBAUT OIL COMPANY, Kenneth Laurent, T. Floyd Jarreau, Kate Rice Thibaut, Jane Thibaut Boyce, Mary Elizabeth Thibaut Rives, John Edgar Thibaut, Margaret Thibaut Watson, James Henry Thibaut, Thomas A. Thibaut, David A. Thibaut, Mercedes Thibaut Smith, Carl W. Cleveland, Trustee, Trust in Favor of the Children of David D. Thibaut, R. and United States Fidelity & Guaranty Company.

United States District Court, E.D. Louisiana.

December 5, 1985.

Attorney(s) appearing for the Case

Adams & Reese, Thomas J. Wyllie, Philip O. Bergeron, New Orleans, La., for plaintiffs.

L. Phillip Canova, Jr., Plaquemine, La., Chaffe, McCall, Phillips & Toles, Jonathan C. McCall, New Orleans, La., Chris Siegrist, Houma, La., Sidney Marchand, III, Donaldsville, La., Lloyd Bourgeois, Napoleonville, La., for defendants.

ORDER AND REASONS

FELDMAN, District Judge.

Defendants filed a joint motion to dismiss, or, in the alternative, to stay plaintiffs' pending declaratory judgment action.

The facts are not in dispute. This controversy arises out of an explosion of liquid propane gas which occurred on or about December 30, 1982, in the vicinity of rural Assumption Parish. Several lawsuits resulted from the accident. The first was filed in the Civil District Court for...

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