Document 5LgNYG3vgm8ojGn3OyqZJwM25

FILE NAME Mundet Cork MCK DATE 1977 DOC MCK114 DOCUMENT DESCRIPTION WC Claim of Faciane Pt 1 H. M. MIKE CANNON CLERK OF COURT 19TH JUDICIAL DISTRICT PARISH OF FAST BATON ROUGE JANUARY 21 1983 O. Box 1991 Baton Rouge LA 70821 Phone 504 389-3960 FREDERICMK. BARON & ASSOC ATTORNEYS AT LAW 1050 DALLAS FEDERAL SAVINGS DALLAS TEXAS 75225 TOWER RE GLADYS FACINE V. THE TRAVELERS INSURANCE COMPANY ET AL SUIT 77004 DEAR MS KLOOS ENCLOSED YOU WILL FIND A CERTIFIED COPY OF THE ABOVE I TRUST THAT EVERYTHING IS TRUE AND CORRECT IT HAS BEEN SERVING YOU THANK YOU FOR YOUR ADVANCE PAYMENT MATTER A PLEASURE SINCERLY Eva DEPUTY EVA ST.AMANT CLERK OF COURT EAST BATON ROUGE PARISH Plaintiffs Exhibit CCS 5046 Li = MRS GLADYS FACIANFACEIANE VERSUS THE TILAVELERS INSURANCE COMPANY , IT AL : po : : 77.0 77.0040774 .004 CIVIL DOCHET 2 19TH JUDICIAL DISTRICT COURT PARISH OF EAST EATON ROUSE STATE OF LOUISIAND JIDGENT ON RULE His cause was heard on July 13 1968 pursuant to assignment en rlc mula of Pittsburgh Corning Corporation to dismiss plaintiff's suit as to that defendan for lack of prosecution and counsel for plaintiff Mainted Mainted to the Court that there was no objectiotno granting the rule IT IS ORDERED ADJUDGED AND DECREED that the rule issued herein be made absolute and that accordingly plaintiff's suit is dismissed 25 co Pittsburgh Corning Corporation at plaintiff's cost JUDGMENT RENDERED READ AND SIGIED in Open Court at Saten keuze Luisiana on the 15 day of July 1969 JUDGE 19TH JUDICIAL DISTRICT COUNT "4 ~ ~~ kmk MRS GLADYS FACIANE NUMBER 77,004 DIVISION C VERSUS 19TH JUDICIAL DISTRICT COURT _ THE TRAVELERS INSURANCE COMPANY PARISH OF EAST BATON ROUGE STATE OF LOUISIANA SUPPLEMENTAL AND AMENDED PETITION PETIT AMENI DED O PETITIONN PETITION NOW INTO COURT comes Mrs. Gladys Faciane plaintiff in the above entitled and numbered cause and with respect shows that she desires to supplement and amend her original petition filed herein in the following particulars wit petitioner Your petitioner shows that and decedent the following of the marriage existing between children were born namely Clarence A. Faciane born July 30 1933 Tommy Paul Paciane born September 1 1938 Gary Phillip Paciane born August 9 1939 Linda Marie Paciane Weber born January 10 Catherine Jean Faciane born March 8 1942 Ronald Markel Faciane born June 16 1943 1941 and and at the time or the death of the said Clarence A. Faciane the minora Catherine Jean Paciane and Ronald Markel Faciane were dependent upon their father for maintenance and support - wholly tutrix of Paciane 2 . . ; That petitioner is the duly qualifiaendd acting natural the minors Catherine Jean Faciane and Ronald Markel 3 That Gary Phillip Faciane at the time of the death of the said Clarence A. Faciane was a minor who is now a major and comes herein to be made a party plaintiff 4 Your petitioner now shows that Aber Company Inc. is a corporation organized and existing under the laa of the State of Louisiana being domiciled at 5575 Adams Avenue Baton Rouge Louisiana with Charles E. Dunbar Jr. Sumter D. Marks Louis B. Claverie and Ashton Phelps 420 Hibernia Building New Orleans Louisiana as its agents for service of process . 5 That W. Kellogg & Company is a corporation organized ' and existing under the laws of the State of Delaware domiciled in the at Dover therein authorized to business . State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed H. Payne Breazeale Victor A. Sachse and Maurice J. Wilson as its agents for service of process 6 That B & B Engineering & Supply Company is a corporation organized and existing under the laws of the State of Texas domiciled at Houston therein authorized to do business in the of State Louisiana by having filed the proper credentials with . the Secretary of State and having appointed the C. T. Corporation System 420 Hibernia Building New Orleans Louisiana as its agents for service of process ? organized That Manville Sales Corporation is a corporation and existing under the laws of the State of New York . domiciled in New York City therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed H. M. Robinson of New Orleans Louisiana as its agent for service of process 8 That Manville Products Corporation is a corporation organized and existing under the laws of the State of New York domiciled in New York City therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed H. M. Robinson of New Orleans Louisiana as its agent for service of process 9 That Owens Corning Fiberglass Corporation is a corporation organized and existing under the laws of the State of New York being domiciled at 717 Fifth Avenue in New York City therein actually doing business in the State of Louisiana but having failed to appoint an agent for service of process 10 That The Ruberoid Company is a corporation organized and existing under the laws of the State of New York being domiciled at 502 Fifth Avenue New York City therein actually doing business in the State of Louisiana but having failed to appoint an agent . for service of process 11 That U. S. Rubber Company is a corporation organized and existing under the laws of the State of New York domiciled at New York City therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secre- tary of State and having appointed H. M. Robinson of New Orleans Louisiana its agent for service of procCBS . iz That Philip Carey Manufacturing 0ompany is a corperation organized and existing under the laws of the State of Ohio domiciled at Cincinnati therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed C. T. Corporation - System of New Orleans Louisiana as its agent for service of process 13 That Mundet Cork Corporation is a corporation organized and existing under the laws of the State of New Jersey domiciled at N. Bergen therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed Charles E. Dunbar Jr. Sumter D. Marks Louis B. Claverie and Ashton Phelps as its registered agents for service of process 14 That Nicolet Industries Inc. is a corporation organized and existing under the laws of the State of New Jersey being domiciled at 1 Nicolet Avenue Florhan Park therein actually doing business in the State of Louisiana but having failed to appoint an agent for service of process 15 That Glass Fibers Inc. is a corporation organized and | existing under the laws of the State of Ohio domicileadt 1808 Madison Avenue Toledo therein actually doing business in the State of Louisiana but having failed to appoint an agent for . service of process 16 That Keasby & Mattison Company is a corporation organized and existing under the laws of the State of Pennsylvania domiciled at 1960 Butler Avenue Ambler Pennsylvania actually doing business in the State of Louisiana but having failed to appoint an agent for service of process 17 _ That Baldwin Inc. is a corporation organ- ized and existing under the laws of the State of New Jersey domiciled at 1153 Breunig Trenton New Jersey actually doing business in the State of Louisiana but having failed to appoint an agent for service of process . 18 ized and That Eagle Picher Company Inc. is a corporation organ- | existing under the laws of the State of Ohio domiciled at Cincinnati therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed Charles E. Dunbar Jr. Sumter D. Marks Jr. Louis B. Claverie and Ashton Phelps as its registered agents for service of process 19 That Arrowhead Products Inc. is a corporation organized and existing under the laws of the State of California being domiciled at 2348 Curry Street Long Beach California actually doing business in the State of Louisiana but having failed to . appoint an agent for serice of process 20 That H. I. Thompson Fiber Glass Company is a corporation organized and existing under the laws of the State of California being domiciled at Cardova and Budlong Los Angeles California actually doing business in the State of Louisiana but having failed to appoint an agent for service of process 21 That Pittsburg Corning Corporation is a corporation organized and existing under the laws of the State of Pennsylvania domiciled at Pittsburg therein authorized to do business in the State of Louisiana by having filed the proper credentials with State the Secretary of and having appointed C. T. Corporation for System as its agent service of process 22 That Armstrong Contracting & Supply Corporation is a laws foreign corporation organized and existing under the of the State of Delaware domiciled at Wilmington therein authorized to do business in the State of Louisiana by having credentials with the Secretary of State and having filed the appointed proper C. T. Corporation System of New Orleans Louisiana as it agent for service of process 23 That R. J. Reynolds Tobacco Company is a foreign corporati organized and existing under the laws of the State of New Jersey domiciled at Jersey City therein authorized to do business in the the State of Louisiana Secretary of State by having filed the proper and having appointed Harry credentials with McCall and Leonard ' Sarpy of New Orleans Louisiana as its agents for service of pro- cess . . 24 That P. Lorillard Company is a corporation organized and existing under the laws of the State of New Jersey domiciled at Jersey City therein authorized to do business in the Louisiana by having filed the proper credentials with State of | the Secre- tary of State and having appointed C. T. Corporation System of New Orleans Louisiana as its agent for service of process 25 Your petitioner now shows that during the years 1954 and 1955 the decedent Clarence A. Paciane was employed by defendant Aber Insulation Company as an insulator 25 That during the said period of time the Aber Insulation Company contracted for an installed insulation on the American Cynamid Company Project in Orleans Parish Louisiana on which job foam glass fiberglass and unibestos were used and the said Clarence A. Faciane was required to install said insulation without the benefit of respirators or inhalators or other pro- tective devices 27 That during the year 1956 the decedent was employed by McCarthy * Branton as an insulator on the State Welfare Building Project in Baton Rouge Louisiana on which tob vegetable cork Fiberglass and Foam Glass were used and the said Clarence A. Faciane was required install such insulation without | the benefit of respirators or other protective devices 28 That during the year 1957 the decedent was employed by M. W. Kellogg & Company on a construction project at Esso Standard Oil Company in Baton Rouge , Louisiana on which project the said Clarence A. Faciane was to install required asbestos foam glass and fiberglass without the benefit of respirators for other protective devices 29 That during the year 1958 the decedent was employed by defendant Armstrong Contracting & Supply Corporation on the construction of Fidelity National Bank in Baton Rouge Louisiana the Library Building in Baton Rouge Louisiana and during 1959 on the Grace Chemical Company Project in East Baton Rouge Parish Louisiana to install on each of which jobs the said decedent was required foam glass fiberglass asbestos and asbestos mud without the benefit of respirators or other protective devices 30 Camel That on and prior to the year 1931 Cigarettes manufactured by defendant R. the decedent I. Reynolds smoked Tobacco Company and continued to smoke said Camel Cigarettes continuously until on or about 1955 31 death That from about the year 1955 until on or about March 20. 1960 the decedent the time of smoked Kent his Cigarettes manufactured by defendant P. Lorillard & Company 32 That the decedent switched to Kent Cigarettes because of advertisements and assurances of safety and warranties that that product was wholesome and was safer and less harmful than the filter tip cigarettes ~ ... 33 That the decedent became 2 confirmed tobacco addict and was unable to stop smoking 34 Your petitioner now shows that the decedent Clarence Faciane A. during 1955 became ill because of damage to his lungs and internal organs and that his condition grew progress- ively worse until his death on or about March 20 1960 35 Your petitioners now shows that the doctrine of res ipsa loquitur is applicable to 36 the facts herein | Your petitioner now shows that the death of the said Clarence A. Faciane was caused by the negligence of the defendants Aber Company Inc. M. W. Kellogg & Company & Engineering & Supply Company and Armstrong Contracting & Supply Corporation in failing to warn the said Clarence A. Faciane of the danger inherent in using the insulating material in failing to supply and funish safeguards for the use of the decedenitn failing to furnish the decedent with a safe place to work in giving assurances of safety to the decedent and in failing to make a full disclosure of the dangers inherent in such operations | | 37 Your petitioners now show that the death of the said Clarence A. Faciane was further caused by the negligence of the defendants Manville Sales Corporation Manville Products Corporation Owens Counting ~- berglass Corporation Ruberoid Company U. S. Rubber Company Philip Carey Manufact- uring Company Mundet Cork Corporation Nicolet Industries Inc. Glass Fibers Inc. Keasby & Mattison Company Baldwin Ehret- Hill Inc. Eagle Picher Company Inc. Arrowhead Products Inc. H. I. Thompson Fiber Glass Company and Pittsburg Corning Corporation in failing to warn the decedent of the dangers inherent in the products manufactured by them and used on the Jobs by the decedent in assuring the said Clarence A. Faciane that there were no dangers inherent in said products in manu- facturing the said products with the use of dangerous and defective materials and in warranting without defects or vices the said products were _ 38 That the death of the said Clarence A. Faciane was further caused by the negligence of the defendants R. J. Reynolds Tobacco Company and P. Lorillard & Company in advertising distributing and selling its tobacco and cigarettes without warnings in giving assurances of safetiyn the sell- ing advertising and distributing its tobacco and cigarettes and in manufacturing processing mixing and using the in- gredients and tobaccos which decedent smoked and in warranting that its products were wholesome harm^^ssand without defects or vices 39 That as a result of the negligence of the defendants their agents and employees acting in the course and scope of their employment said Clarence A. Faciane received severe and fatal injuries consisting of damage to his lungs which caused abrasions thereto resulting in his death 40 Your petitioner Mrs. Gladys Faciane now itemizes her damages as follows wit Medical expenses incurred Our Dr. Dr. Lady of Richard Charles Lake Hospital $ Selser A. Beskin- Dr. Albert McQuown- 2.007.41 410.00 265.00 ~ 150.00 a mad om Funeral Expenses- $ crane $ 2,000.00 Mental pain and anguish of ; deceased- 50,000.00 50,000.50,00000.00 Mental pain and anguish of petitioner- 50,000.00 50,000.00 Loss of support ~----- 50,000,00 50,000,00 Loss of love affection and companionship- 50,000.00 50,000.00 or a total of 204,832.41 204,832.41 41 Petitioner Mrs. Gladys Paciane on behalf of the minor Catherine Jean Paciane itemizes her damage2s35 follows Mental pain and anguish of deceased- 15,000.00 Mental pain and anguish of | minor-- minor-- - ore rene rn em eee wnnnneee= 15,000.00 Loss of support 3 years 6,000.00 Loss of love companionship and guidance ~--~ compa- nionship- n e- nn- n- -- 1e 5,000.00 or a total of 51,000.00 42 Petitioner Mrs. Gladys Faciane on behalf of the , minor Ronald Markel Paciane itemizes his damages as follows Mental pain and anguish of 15,000.00 Mental pain and anguish of . petitioner-- 15,000.00 Loss of love companionship and guidance-- 15,000.00 or a total of 45,000.00 44 In the alternative and in the event that petitioners are not entitled to damages for the wrongful death of the said Clarence A. Faciane then and in that event they are entitled kank to Workmen's Compensation Benefits under the laws of the State of Louisiana 45 That defendants Armstrong Contracting & Supply Cor- poration Aber Company M. W. Kellogg & Company and B & B Engineering & Supply Company were each engaged in the con- struction business a hazardous business within the meaning and intent of the Workmen's Compensation Laws of the State of Louisiana 46 That the decedent was employed by each of the said defendants as an insulator a hazardous occupation at an . average weekly wage in excess of 100.00 47 Petitioners now show that they reiterate each and every allegation of the original petition filed herein except | as herein amended and amended WHEREFORE petitioners pray that this supplemental petition be filed and allowed and that there be service and citation according to law and after all legal delays and due proceedings had that there be judgment herein in favor of petitioner Mrs. Gladys Faciane and against the defendants Aber Company Inc. H. W. Kellog & Company & Engineering & Supply Company Armstrong Contracting & Supply Corporation Travelers Insurance Company Manville Sales Corporation Manville Products Corporation Owens Corning Fiberglass Corporation Ruberoid Company U. 5. Rubber Company Philip Carey Manufacturing Company Mundet Cork Corporation Nicolet Industries Inc. Glass Fibers Keasly & Mattison Company Baldwin Hill Inc. Inc. Eagle Picher Company Inc. Arrowhead Products Inc. H. I. Thompson _~ ~ Fiberglass Company Pittsburg Corning Corporation R. J. Reynolds Tobacco Company and P. in the full sum of 204,832.41 Lorillard & Company in solido and in favor of petitoner Mrs. Gladys Paciane on behalf of the minor Catherine Jean Paciane and against the defendants in solido in the full sum of 51,000.00 and in favor of petitoner Gary Phillip Faciane and against defendants in solido in the full sum of 45,000.00 45,000.00 together with legal interest on each of said amounts from Judicial demand until paid In the alternative and in the event that petitioners are not entitled to damages as herein prayed for then and in that event for the use petitioner and benefit Mrs. Gladys Paciane Individually and of the minors Catherine Jean Faciane and Ronald Markel Faciane prays that there be judgment herein in her favor and against the defendants ; Aber Company M. W. Kellogg & Company B B Engineering & Supply Company Armstrong Contracting & Supply Corporation and Travelers Insur- ance Company in solido for Workmen's Compensation Benefits at the rate of 35.00 per week beginning March 20 1960 and continuing weekly aiter for a period of 400 weeks to- gether with legal interest on each past due installment from its maturity date until paid and for funeral expenses in the sum of 600.00 regner with legal interest thereon from Judicial demand un'il paid Petitioners further prav for all TTRRUUEE..COCFOYFY TRUE.COFY general ana eqtable relied costs soa typ -A- ' By Ancorneys all necessary CEFUTY CLERK = oe FILED Mar 25 eee 1or8et SIGNED Neris _. Fainer_ A TRUE COPA Yar Tani WEAK Enid A. HALVA HALVA BRUMFIELD ELMA P. GERDING FOBERT E. TURNER By 205 American Bank Bldg Baton Rouge Louisiana MRS GLADYS FACIANE : VERSUS = . 2 THE TRAVELERS INSURANCE COMPANY ET AL : NUMBER 77,004 CIVIL DOCKET +3 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE : STATE OF LOUIS LANA PETITION FOR RULE The petition of PITTSBURGH CORNING CORPORATION a defendant . herein respectfully represents that 1 Petitioner was purportedly made a party defendent in these proceedings by amended and supplemental petition filed on behalf of plaintiff on March 15 1961 2 In said pleadings plaintiff alleged that petitioner was qualified System as to do business in Louisiane and had appointed CT Corporation its agent for service of process and directed that service be made on petitioner through said CT Corporation System 3 As appears in the record of this case the petition and cita- tion directed to petitioner were returnebdy the Sheriff of Orleans Perish with the notation that CT Corporation System was not the agent for service of process on petitioner's behalf 4 No further effort has been made by plaintiff to obtain service of process on petitioner and petitioner m^de no ceedings until well after the lapse of five 5 appearance years from in these pro- | the filing of said amended and supplemental petition accordingly there having been no step taken either in the prosecution or defense of this action dismissed as to petitioner this suit should be as to petitioner for lack of prosecution under Article 561 * ^ uisiana Code of Civil Procedure wi y one, WHEREFORE petitioner prays that a rule nisi issue herein directed to the plaintiff Mrs. Gladys Faciane to show cause If any she has on a date and at an hour to be fixed by this Court why her suit should not be dismissed as to Pittsburgh Corning Corporation at her cost WATSON BLANCHE WILSON THIBAUT Attorneys David W. Robinson 505 North Boulevard Baton Rouge Louisiana SERVE PLAINTIFF Mrs. Gladys Faciank Through H. Alva Brumfield her attorney of record 309 St. Louis Street Baton Rouge Louisiana Slemand were, CLERK kmk MRS GLADYS PACIANE NUMBER 77,004 DIVISION C VERSUS THE TRAVELERS INSURANCE COMPANY 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO THE HONORABLE THE NINETEENTH JUDICIAL DISTRICT COURT WITHIN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA The petition of MRS GLADYS FACIANE a resident of the full age of majority of East Baton Rouge Parish Louisiana with respect represents 1 That she is the widow of Clarence A. Paciane Sr. who died in East Baton Rouge Parish Louisiana on or about March 20 1960 leaving surviving him your petitioner and major children 2 That THE TRAVELERS INSURANCE COMPANY 1s an insurance corporation organized and existing under the laws of the State of Connecticut domiciled at Hartford therein authorized to do business in the State of Louisiana by having filed the proper credentiawl itsh the Secretary of State and having appointed the Secretary of State as its agent for service of process 3 That for some time prior to September 1959 petitioner's husband Clarence A. Faciane Sr. was employed by Armstrong Contracting & Supply Corporation as an insulator in ita general con- struction work 4 Your petitioner now shows that while engaged in the duties of his employment and while installing insulating material in accordance with the instructions of his employer the said Clarence A. Faciane Sr. breathed and inhaled insulation material lomle causing damage to his lungs which resulted in his death , 5 Sr. became Petitioner further ill in September of shows that the 1959 and on or said Clarence A. Faciance about November 10 1959 was hospitalized at which time the lung ailment was discovered| and at that time his employer was notified 6 Petitioner particularly shows that the said Armstrong Contracting & Supply Corporation its agents and employees acting in the course and of their employment failed and refused to supply and furnish safeguards for the use of Clarence A. Faciane Sr. and failed to warn Clarence A. Faciane Sr. of the dangers | inherent in the work which he was doing failed to make a full disclosure of the dangers inherent in such operation and were further negligent . in assuring Clarence A. Faciane Sr. that there were no dangers inherent in such operation and by warranting that such operation them was a safe one although the dangers were well known to 7 its agents That as a result of the negligence of defendant and employees acting in the course and scope of company their employment the said Clarence A. Faciane Sr. received severe and fatal abrasions injuries consisting of damage to to his lungs and which resulted his lungs which in his death caused 8 Petitioner now itemizes her damages as follows wit . Medical expenses incurred 5,000.00 Funeral incurred $ 2,000.00 Mental pain and anguish of deceased | Mental pain and anguish of petitioner 50,000.00 50,000.00 | Loss of support 50,000.00 Loss of Love affection and companionship or a total of 207,000.00 50,000.00 | 9 In the alternative and in the event that petitioner is not entitled to damages for the wrongful death of her husband then and in that event petitioner shows that she compensation benefits under the laws of 10 is entitled to workmen's the State of Louisiana | That Armstrong Contracting & Supply Corporation domiciled in East Baton Rouge Parish Louisiana is engaged in the construc tion business particularly insulating work a hazardous business within the meaning and intent of the Workmen's CompensatiLaowns of the State of Louisiana 11 husband Clarence That petitioner's A. Paciane Sr. , was employed by said Armstrong Contracting & Supply Corporation as an insulator as hereinabove alleged a hazardous occupation at an average weekly wage in excess of 100.00 12 . Your petitioner further shows that the lung ailment was an occupational disease or accidental injury within the meaning and intent of the Workmen's Compensation Laws of the State of scope his Louisiana and arose out of and in the course and | of employment 13 its insurer Your petitioner further shows has failed and refused to pay that the said employer workmen's compensation or | benefits necessitating the bringing of this suit 14 That on and prior to September there was in full force and effect by the payment of premiums and otherwise policies of workmen's compensation insurance and public liability insurance issued by defendant THE TRAVELERS INSURANCE COMPANY in Jonke favor of the said Armstrong Contracting & Supply Corporation its agents and employees under the terms of which policies it agreed to insure and indemnify them against any and all liabiliatnyd workmen's under the compensation laws as a result of their negli_ gence accordingly said insurer is a proper defendand herein . 15 | Petitioner desires and is entitled to a trial by jury on all issues . a, WHEREFORE petitioner prays for service and citation of this petition upon the defendant and that it be duly cited to appear and answer hereto and after all legal delays and due pro- ceedings had there MRS GLADYS FACIANE be judgment herein in favor of petitioner and against defendant THE TRAVELERS INSURANCE COMPANY in the sum of 207,000.00 together with legal interest thereon from Judicial demand until paid In the alternative and in the event that petitioner is for that not entitled to the damages as herein prayed then and in event petitioner prays for judgment herein in her favor and against defendant for workmen's compensation benefits at the rate of 35.00 per week beginning September _ 1959 and continuing weekly thereafter for a period of 400 weeks together with legalpaid on each past due installment from its maturity date until interest - and for funeral expenses in the amount of 600.00 together with legal interest thereon from judicial demand until paid Petitioner further prays for all costs and for all necessary orders and general and equitable relief CERTIFIED TRUE CERTIFIECDERTIFIED CGPY . By Attorneys - , a AL. f y pte, ETL ROBERT GERDING ROBERT TURNER 205 American Bank Building Baton Rouge Louisiana STE DEPUTY CLERK at ~, MRS GLADYS FACIAND THE TRAVELERS INSURANCE CO Me. 77,004 77,004 19th Judicial District Court Parish of East Baton Rouge State of Louisiana State of the State of To THE TRAVELERS TRAVELERS INSURANCE COMPANY a foreizn insurance corporation domiciled at fartford Connecticut through its agent for the service of process the Secretary of Louisiana GREETING You are hereby summoned to comply with the demand contained in the petition of the plaintiff in the above entitled and numbered cause a duly certified copy of which is hereto attached and to be herewith served or to deliver your answer thereto in writing in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge in ten days after service - be hereof allowing yourself one additional day for every ten miles your residence may said city the delay in no case shall exceed fifteen days in all distant from , day . Witness of the Honorable Judges Aurust Aurust of our said Court at Baton Rouge La this 8th A. D. 19_60 : . - Zene eee Zene aw City CERTIFIED Deputy Clerk of Said Court +. Mima C * CERTIFIED TRUE COPY ee. . He NIMETEENTH JUDICIAL DISTRICT COURT IRS GLADYS FACIANE STATE OF LOUISIANA PARISH OF EAST BATON ROUGE H at VS. THE TRAVELERS INSURANCE COMPANY : Now into Court through its undersigned counsel cones THE | TRAVELERS DISURANCE COMPANY made defendant in the above numbered and entitled : cause and for answer to plaintiff's petition decies each and every allegation therein contained except such as may be hereinafter expressly admitted Further answering each allegation of said petition defendant says 1 For lack of sufficient information to justify a belief | defendant denies the allegations of paragraph 1 of the petition 3 Defendant admits the allegations of paragraph 2 of the petition ; 3 Ansvering paregraph I of the petition defendant denies the allegations therein contained except as hereinafter admitted and further answering defendant avers and alleges that for many years prior to September 1959 decedent Clarence A. Faciane Sr. was employed by various employers 12 performing insulating work and that for some time prior to September 1953 the said decedent was employed intermittently by Armstro Y Contracting & Supply Corporation 4 Defendant denies the allegations of paragraon & of the mini ; 5 Defendant Defendant denies tas ^...llegations of garagraph 3 of the petition om 6 Defendant denies the allegations of paragraph 5 of the petition i? Defendant denies the allegations of paragraph 7 of the petition | 3 x rl Defendant denies the allegations of garagraph 2 of the petition * a 3 a Rea Defendant denizs the allegations of paragraph of the petition 13 ^' 4 4 Defendant admits the allegations of paragraph 10 of the petition 11 Fety S T" Answering paragraph 11 of the petition defendant admite that TIS plaintiff's husband was employed intermittently by Armstrong Contracting & eT Supply Corporation as an insulator and that while so employed his average terok weekly wage was such that sixty per cent 65 thereof amounted to Thirty Collars 35.00 or more but defendant ~ anies all the remaining See allegations of said paragrap^< Le 12 ca Defendant denies the allegations of garagraph 12 of the petition 13 13 Answering paragraph 13 paragraph of the petition petition , defendant admits that Armstrong are not geid any varken's compensation benefits but defendant denies the cassining allegations of said paragraph 14 253 g^...rerraphit of the petition defendant admits thatthat sometime prior to september september 1759 1759 it had issued policies of workmen's compensation and public ability insurance to Armstrong Contracting & Supply Corporation unish polistes were in full force and effect in September 154 out defenden denies all the remaining allegations of said Faragraph and wvers na alleges that said policies contain cermain ere , Ons an exclusions and that seid policies are tie best evidence ** <.2ls sents Defendent further denies all allegations at variance variance variance sad~ with with s saadd ~ ~ with policies policies ~~ =. c mie: 4 + j H H 15 Defendant denies the allegations of paragraph 15 of the petition A : 4 eos I And now further answering the allegations of plain . , petition defendant avers alleges and pleads as follows F Decedent Clarence A. Faciane Sr. died of lung cancer waich had no connection with his employment OQ 9oe oS 3 On information and belief defendant alleges that plaintiff had e sein if for many years prior to September 1959 smoked tobacco in excessive amounts # . 1 and when working around dust and other irritating materials had failed to se cm use respirators provided for such work tow ay ; In the alternativa and only in the event the the Court should hold dq that the said Armstrong Contracting & Supply Corporation was in any manner negligent which is denied then and in that event defendant avers and alleges : 4 that the decedent Clarence A. Faciane 5r was guilty of contributory | negligence for the reasons alleged in paragraph 17 above which contributory negligence is imputable to the plaintiff herein and is specially pleaded as |i a bar to recovery ce j WHEREFORS defendant prays that plaintiff's demands te rejected ? . e and her suit dismissed with costs j ate By Attorneys , : TAYLOR PORTER BROCKS FULLER & PHILLIPS ra i Ring ' CW ' CERTIFICATE - 1. of counsel for defendant _s hereby certifythat I have this day served a copy of the foregoing answer on Mrs. Velme7. Gerding 205 Eznit Building Baton Rouge Louisiana attormy for plainviss American the same to her postage prepaid TRUE CERTIFIEbCDOyP_Y mailing Eaton Rouge Louisiana January 20 1961 32 . - ackie 126 Sulli DY CLAIM OF COUNT - Oe 7. Phillips elihiatteetet on , \" , A ~ MRS GLADYS FACIANE VS. TRAVELERS ET AL 19TH JUDICIAL DISTRICT COURT ay PARISH OF EAST BATON ROUGE oo STATE OF LOUISIANA NUMBER 77,004 DIVISION Cc TO Maurice J. Wilson Esq Charles W. Phillips Esq Edward W. Gray Esq Frank S. Craig Jr. R. Gordon Kean Jr. Esq Esq Joseph F. Keogh Esq A. Leon Hebert Esq Richard C + Cadwallader David W. Robinson Esq Esq E. Leland Richardson Esq Malcolm M. Monroe Esq Harry McCall Jr. Esq Carl J. Schumacher Jr. Esq Charles Wm Roberts - Esq Calvin E. Hardin , Jr. Esq Arrow Head Products Inc. H. Alva Brumfield Esq Dear Sirs for You are Tuesday hereby notified of the assignment of the above case - May 31 1966 at 9:30 A. M. on the dilatory exception of vagueness Yours very truly Quairta Quairta . Cox Deputy Clerk kuk STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME the undersigned authority personally came and appeared H. ALVA BRUMFIELD who being sworn deposed and pe-r 10 petition That he is of counsel for petitioner in the foregoing| that he has read the same and all allegations contained therein are true and correct to the best of his knowledge infor- mation and belief H. Alva Brumfield SWORN TO AND SUBSCRIBED before me August 4 1960 - NOTAHY PUBLIC STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME the undersigned authority personally came and appeared H. ALVA BRUMPIELD who being sworn dad deposedand SAID That he is of counsel for petitioner in the foregoing petition that he has read the same and all allegations contained . therein are true and correct to the best of his knowledge infor- mation and belief H B 2 ild Bild Bild SWORN TO AND SUBSCRIBED before me August 4 1960 NOTARY PUBLIC VA FILED_ aug 8 : 60 60 SSIGNED 27.61GLINK 27.61 Ra os STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME and appeared the undersigned authority personally came H. ALVA BRUMFIELD who being sworn did depose andnames said petition That he is of counsel for petitioner in the foregoing that he has read the same and all allegations contained therein are true and correct to the best of his knowledge infor- mation and belief 5174. Bild Bild Bild SWORN TO AND SUBSCRIBED before me August 4 1960 Velma Velma P Gerding Gerding Gerding NOTARY PUBLIC Gerding OYCLERK STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME and appeared the undersigned authority personally came . H. ALVA BRUMFIELD who being swarn a deposedand ega SAID That he is of counsel for petitioner in the foregoing petition that he has read the same and all allegations contained therein are true and correct to the best of his knowledge infor- mation and belief / . Bild | SWORN TO AND SUBSCRIBED before me August 4 1960 31 VelP.mGua rding NOTARY Gurding A. CLEAK STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME the undersigned authority personally came and appeared H. ALVA BRUMFIELD who being sworn @^'@ deposedand syn said That he of counsel for petitioner in the foregoing petition that he has read the same and all allegations contained therein are true and correct to the best of his knowledge infor- mation and belief SWORN TO AND SUBSCRIBED before me August 4 1960 fl FILED Aug. Aug. fl AO Renicfl TRUE_COPY TRUE_COPY 6 Yonk STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE M^ the undersigned authority personally came and appeared H. ALVA BRUMPIELD who being sworn deposed and aaye541aa0 ye5410 That he is of counsel for petitioner in the foregoing petition that he nas read the same and all allegations contained therein are true and correct to the best of his knowledge infor- mation and belief R Alva Brumfield SWORN TO AND SUBSCRIBED before me August 4 1960 i Mg STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME and appeared the undersigned authority personally came | H. ALVA BRUMFIELD who being sworn diet deposed and emp: said said That he is of counsel for petitioner in the foregoing petition that he read the same and all allegations contained therein are true and correct to the best of his knowledge infor- . mation and belief 31 J. Alva Brumfi Brumfi Brumfi SWORN TO AND SUBSCRIBED before me August 4 1960 " fl " fl fl " k"ing NOTARY PUBLIC king wert, Desire Desire fa aimee CERTIFIED TRUE COPY COPY STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME the undersigned authority personally came and appeared H. ALVA BRUMFIELD who being sworn dix deposed and sais sais d: That he is of counsel for petitioner in the foregoing petition that he has read the same and all allegations contained therein are true and correct to the best of his knowledge infor- mation and belief SWORN TO AND SUBSCRIBED before me August 4 1960 NOTARY PUBLIC ul STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME the undersigned authority personally came and appeared H. ALVA BRUMFIELD who being sworn del deposedandaid deposedandaid deposedandaid That he is of counsel for petitioner in the foregoing | petition that he has read the same and all allegations contained therein are true and correct to the best of his knowledge infor- mation and belief 4: SWORN TO AND SUBSCRIBED before me August 4 1960 SV SV Gr Gr Gr 5 NOTARY PUBLIC Y FILED_ SIGNED Lente LeLnteenLenteteVal 17.061 A TRUE Lente fi fi Val Val Valmer 17.061 17.061 17.061 UNITED STATES DISTRICT COURT FOR THE ' EASTERN DISTRICT OF LOUISIANA BATON ROUGE DIVISION MRS GLADYS FACIANE a8 Plaintiff ot Oe VS ae 4a TRAVELERS INSURANCE COMPANY 46 et al oe Defendants ae ' CIVIL ACTION No. PETITION FOR REMOVAL OF ENTITLED CAUSE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA BATON ROUGE DIVISION FROM THE NINETEENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA R. J. Reynolds Tobacco Company and P. Lorillard Company two of the defendants in the captioned suit show petitioners . 1 A civil action has been commenced and is now pending in the 19th Judicial District Court for the Parish of East Baton Rouge State of Louisiana wherein Mrs. Gladys Faciane is plaintiff and petitioners are defendants along with numerous other defendants which action is designated by general number 77,004 and is hereinafter sometimes referred to as said action : $ No. 77,004 77,004 2 The claims or causes of action which plaintiff asserts against defendants petitioners herein and either or each of them are entirely separate and independent from plaintiff's claims or causes of action against all of the other defendants in this action and would be removable if sued upon alone 3 Petitioners seek removal of said action No. 77,004 to this Court upon the ground and for the reason that this action insofar as it concerns petitioners involves a separate and independent claim or cause of action or separate and independent claims or causes of action which are wholly between citizens of different states in that Mrs. Gladys Faciane plaintiff according to her complaint was at the time of commencement of said action and still a citizen of the state of Louisiana residing in East Baton Rouge Parish in said state and that each of the petitioners R. J. Reynolds Tobacco Company and P. Lorillard Company defendants in said action were at the time of commencement thereof and still are corporations incorporated under the laws of the state of New Jersey with their principal places of business outside of the state of Louisiana and each of the petitioners was at said time and still is a citizen of the state of New Jersey and not of the state of Louisiana 4 The matter in controversy in said action No. 77,004 insofar as it concerns each of the petitioners at the commencement of said action and at the present time exceeds the sum or value of 10,000.00 10,000.00 . and costs exclusive of interest 5 Said action No. 004 was commenced on the 8th day of August 1960 but petitioners were not then named defendants being made defendants therein by supplemental and amended petition filed on the 15th day of March 1961 and process therein being served on petitioners R. J. Reynolds Tobacco Company and P. Lorillard Company on the 23rd of March 1961 6 Petitioners herewith present a good and sufficient bond as provided by statute conditioned that petitioners will pay all costs and disbursements incurred by reason of the removal proceedings should it be determined that the case was not removable or was improperly removed 7 Petitioners file herewith a copy of all process pleadings and orders served upon them in said action No. 004 CHAFFE MCCALL PHILLIPS BURKE & HOPKINS By SIGKED HASAY NCCALL Ja Attorneys for R. J. Reynolds Tobacco Company 1500 National Bank of Commerce Building New Orleans 12 Louisiana | DURRETT HARDIN HUNTER DAMERON & FRITCHIE Wall Clinic By FitFit Attorneys for P. Lorillard Company Louisiana National Bank Building Baton Rouge La e STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME and appeared the undersigned authority personally came H. ALVA BRUMFIELD who being sworn dal deposedand angesaldi angesaldi That he is of counsel for petitioner in the foregoing petition that he has read the same therein are true and correct to the and all best of allegations contained his knowledge infor- mation and belief SWORN TO AND SUBSCRIBED before me August 4 1960 FACIANE CASE -- DEFENDANTS ~~ ~~" Travelers Insurance Co. Sec of State 7 Armstrong Contracting & Supply Corporation Aber Company Inc. ae TS se lS " ~ " ~ -C.-T. Corp. System New Orleans La Chas E. Dunbar et al New Orleans Louisiana X M. Kellog & Company Payne Breazeale at al Baton Rouge Louisiana X & B Engineering & C. T. Corp. System -Supply Compan va ose + -New Louisiana - K X anville Corp. -H Robinson -. a New Orleans La - - -~- ~ ~. .. - . . wecan a Manville Products Corp. H. M. Robinson wee New New Orleans La X Owens Corningfi Fiberglass Cor No The Huberoid Company .. .. No agent _.__. agent . a KU Rubber Company * Philip Carey Mfg Co. a cae wees). H. M. Robinson New Orleans La C. T. Corp. System New oe Orleans La 7 ~ oe, Mundst Cork Corp. Nicolet NicoletIndustries Inc. Fibers Inc. * * Keasby & Mattison Co. . Charles E. Dunbar et al ~ New Orleans La ~ No Agent wna - Agent No = ~-" - sn em > _ No Agent - -- sts - " Baldwin Inc. -- -- No Agent Eagle Picher Inc. - X Arrowhead Products Inc. H. I. Thompson FiberGlass - Charles E. Dunbar al New Orleans, La No Agent ee a Co. No Agent Corp. Pittsburg Corning He ee oe C. T. Corp. System -... New Orleans La x R. Reynolds Tobacco Co. Harry McCall at al New Orleans La P. & Lorillard Co. C. T. Corp. Systen New Orleans La +e ~ oe ^' a ee a yor? - f a . ta ~ o{eFj And And And = _~ AA77 77 7777 FILEDFILED 24 1961 " ' BY CLERK OF COURT MRS GLADYS FACIANE NO 77,004 VS. 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF IOUISIANA THE THE TTRRAAVVEELLEERRSS IINNSSUURRAANNCCEE CCOOMMPPAANNYY domiciled TO J. Reynolds Tobacco at a corporation Jersey City New Jersey through McCall or Leonard Sarpy agents for service of process GREETING hereby You are . summoned to comply with the demand contained in the Original and Supplemental and Amended above entitled and mumbered cause duly petitions certified of the copies plaintiff in of which are the hereto attached and to be herewith served or file your answer or other pleading in the Court for said 15 days after office of the Clerk of the 19th Judicial District Parish at the City of Baton Rouge within fifteen service hereof Your failure to comply herewith will entry judgment subject yon to the penalty of of default against you Witness the Honorable Judges of our Louisiana the 20th day of March said Court 1961 at Baton Rouge agd Nenie L. Palmer Deputy Clerk of Court A TRUE COPY this March 20th 1961 Deputy Clerk of Court \ MRS GLADYS FACIANE VS. THE TRAVELERS INSURANCE_COMFANT INSURANCE_COMFANT 27,004 _ 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Baldwin Inc. , New Jersey doing business in the State of Louisiana Pas inn sc aid h Pas- ch- 2 GREETING OriginaalndandenSduepdplemental You anf hareby summoned to comply with the demand contained in the petition the .- plaintiff in th above entitled and numbered cause a duly certified ccoonineis eosf which we Pereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you _ Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th day of March 61 sgd Nenie L. Palmer Deputy Clerk of Said EBATON SHERIF 'S SHERIFF'S COPY MAR A TRUE nene this March 20th nene Lalmer Lalmer 22 Deputy Clerk of Court OFFICE ae er ee MRS GLADYS FACIANE THE TRIVELERS INSURANCE COMFANY 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Baldwin Inc. New Jersey doing businega in the State of Iouisiana _. Par in si aida Parh iah GREETING Originaalnd enSduepdpltehmeental You are hereby summoned to comply with the demand contained in and plaintiff in the above entitled and numbered cause w duly certified conies conies which whereto whereto attached and to be herewith served or file your answer or other pleadingin the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within the 27 fifteen 15 days after service hereof Your failure to comply herewith will subject you to penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th day of March : 19.01 sgd Henie L. Palmer EBATON Deputy Clerk of Said SHER ^ TRUE COFY this March 20th 1961 ESBAHTEONR MAR Deputy Clerk of Court FIS ROUGE OFFICE MOVED OFFICE PH OFFICE 61 tee eee UES NO 17.514 19th Judicial District Court oi ' ONCE CLUFACT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Arrowhead Froducts Inc.d E omidc omici iledled ah Long Beach California doing business in the Statoef Iouisiana GREETING Original vod Supplemental Supplemental You summoned to comply with the demand contained in the the hareby mendheerdeto plaintiff in the ove entitled and numbered cause & duly certified 207207 which attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you 3030 of this th day Witness the Honorable arch arch arch arch arch arch Judges of our said 51 . 51 , 19 Court at Baton Rouge Louisiana d Nenie L. Falzer _ Deputy Clerk of Said Court QUI A QUI COFY this Harch_20th Harch_20th 1361 BBATAOTNON Leme nini Leme Leme Deputy Clerk of Court SHE MAX MAX BATON os 2Z 1 OFFICE 46 46 LAOFFICE S N ee TACY FACIANE - VS. SSR Cs TY8. EnoT 2585 CURTARY NO 77,004 77,004 Judicial Judicial District District 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Pittsburg Corning Corporation a corporation domiciled st Pittsburg Fennsylvania throughC. 7. Corporation System agents for service of proceso readinginsaldPark _ GREETING friginal and upplemental and ended demand You are hereby summoned to comply with the contained in ofthewhpiecthiItion plaintiff in the above entitled and numbered cause d<uly certified , the hereto attached and to be berewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Raton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our sald Court at Baton Rouge Louisiana March Juth day of 51 19- n Deputy Clerk of Said Court MES MACTI NE we TE VOT 7 OTL afsangc ccm any 77,504 77,504 - 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO F. Lorillard Company a corporation domiciled at Jersey Jersey City New Jersey through C. T. Corporation System agent for service of process Takki rus kb russ Pep zinfi GREETINGREGETING Criminal and applacental nd AmendedAmended You summoned to comply with the demand contained in atrhee hereby thepetition plaintiff in above entitled and numbered cause @ duly certified plewadpiyng offtice hereto attached and to be herewith served or file your answer or other ofwhich in the the of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 16 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorabie Judges of our said Court at Baton Rouge Louisiana this day of March a . . Ot B > Veen cee Laban ee Deputy Clerk of Said Court aw, MA HADYS FACIAME VS. THE TRAVEIEHS INSURANCE INSURANCE COMPANT NO 77,004 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Manville Producta Corporation a corporation domiciled York agent in New York City New service of process through 2. 2. Robinson for . GREETING GREETIGNREETGING Criginal and Supplementa and Amended You are hereby summoned to comply with the demand contained in petition of the plaintiff in the above entitled and numbered cause & duly certified jopycopies of which are ff hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for sald Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the . penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana th^>a 20th NarcNarch h 5151 day of 19 Deputy Clerk of Said Court Gre of wa ote S M E ABN e M YMAA NY NY 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA U. . Rubber Company a corporation domiciled at New York City New York through ye oy = 1 wae ' maddingdmont maddingdmont Pant fi 9fi. obinson atentatent for cervice of process : , GREETING Final in supplement supplement ac Fardad You are hereby summoned to comply with the demand contained in the petition " of the plaintiff copy hereto in the above entitled and numbered cause a duly certified of which la attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge | within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness t| htehe Honorable Judges of our said Court at Baton Rouge Louisiana this day of 19 . Me rs Hon ---- ---- Deputy Clerk of Said Court es fi fi " NO 37.004 a OTL ENCE ENCE COMPANY 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO at Ea 5. Jersey Reynolds Tobacco Corzany - ity He Jersey through a foreign consoration ismiciled Harry Metall or Iconard lampy atents for service of process Tendinigr naid Farisin- GREETING: Criginal az~ Supplerental Supplerental nu Iendad You are hereby summoned to comply with the demand contained in thepetition the in plaintiff the above entitled and numbered cause w duly certified CoziesCozies which ishereto - attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you this 20th : Witness the Honorable of our said Court at Baton Rouge Louisians Deputy Clerk of Said Court NO 77.004 -.. Un 2h LIN LIN : IN VLC CON queer ase 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Nicolet Industries Inc. a compcration domiciled at Florhan Fark New Jersey doing business in the State of Louisiana zedding zedding er meid Parish GREETING Criginal on Supplemental - ond rended You are hereby summoned to comply with the demand contained in petition the plaintiff in the above entitled and numbered cause * duly certified copy of which Wi hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this / ecth _ "* day of Larch , 1:01 sgd Nenie L. Palmer Deputy Clerk of Said Court A TRUE COFY this March 1961 Deputy Clerk of Court SKENG f XRS GLADYS PACIANE NO 77,004 VS. 19th Judicial District Court | PARISOHF EAST BATON ROUGE STATE OF LOUISIANA COMPANT THE TRAVELERS INSURANCE COMPANT TRAVELERS COMPANT Sarpy agents for service of process GREETING You are hereby summoned to comply with the demand contained in the Original and Supplemental and Amended above entitled and mbered cause duly petitions certified of the copies plaintiff in of which are the herewith hereto attached and to be served or file your answer or other . pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default Judgment against you Witness the Honorable Judges of our sald Court at Baton Rouge Louisiana the 20th day of March , 1961 | agd Nenie L. Palmer Deputy Clerk of Said Court A TRUE COPY this March 20th 1961 Deputy Clerk of Court XRS GLADYS FACIANE THE TRAVELERS INSURANCE COMPANY 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE - STATE OF LOUISIANA Glass Fibers Inc. a corporation domiciled in Toledo Ohio . doing business in the tate of Louisiana resii n sd aii d Pn arig sh GREETING Supplemental Original and and Amended You are hereby summoned to comply with the demand contained in the petition the plaintiff in the above entitled and numbered cause ... duly certified cozSiF whichEZ ersto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th day of Marc 61 sgd Nenie L. Falmer Court Deputy Clerk of Said SEER A --- CCIY this March 20th 1965 Lame BATON ranie Lame Lame Lame MAR 22 Deputy Clerk of Court ROUGE 1 LA PM LIFICE PM 61 a I 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Fittsburg Corning Corporation Pittsburg Pennsylvania through for service of process a corporation domiciled at C. T. Corporation System agents : Pauil n AdidiPn ^/rg ish GREETING the petition vy lozental You are hereby summoned to comply with the demand contained in wi Fended of the plaintiff in the above entitled and numbered cause & duly Conica certified Conica of which hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this Foth Foth day of Zarch 19 1 , a Menic Elaimed Menic Menic Elaimed Elaimed : Menic Elaimed Deputy Clerk of Said Court an -_~ MRS MRS GGLLAADDYYSS FFAACCIIAANNEE VS. THE TRAVELERS INSURANCE COMPANY NO | 77,004 19th Judicial District Court Judicial District District PARISH OF EAST BATON ROUGE STATE OF LOUISIANA foreign TO at R. J. Jersey Reynolds Tobacco Company City New Jersey through a Harry corporation domiciled McCall or Leonard process Sarpy agents for service of residiionagn-i Ekowisku : GREETING Original and Supplemental You plaintiff in are hereby summoned to comply with the the above entitled and numbered cause and Amended demand contained in petitions the duly certified copies copieswhicha hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this day of March . 196_1 20th Deputy Clerokf Said Court te , Tb toe epggay MRS GLADYS FACIANE NO 77,004 VS. THE TRAVELERS INSURANCE COMPANY 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Eagle Picher Company Inc. a corporation domiciled at Cincinnati Ohio through Charles E. Dunbar Jr. Sumter D. Marks Jr. Louis B. Claverie and Ashton Phelps agents for service of process GREETING - Original and Supplemental and Amended You are hereby summoned to comply with the demand contained in thepetitioonf the certified copies whereto plaintiff in the above entitled and numbered cause # duly copies which whereto . attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this day of March 19.61 20th \y ,, " ,, " ,, _ , aa r C "oA Deputy Clerk of Said Court Me: on wae SYS 24 concn 2 SENON COMPANY NO 77.004 19th Judicial District Court | PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Mundet Cork Corporation a corporation domiciled at N. Bergen New Jersey through Charles E. Dunbar Jr. Sumter D. Marks Louis B. Claverie and Ashton Phelps agents for service of process GREETING zi isul and duppimmental duppimmental 20 zezded You are hereby summoned to comply with the demand contained in the petition the espy hereto plaintiff in the above entitled and numbered cause @ duly certified espy which . cad attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this day of March 19 th Nome Pain Deputy Clerk of Said Court _ MRS GLADYS FACIANE THE TRAVELERS INSURANCE COMPANY 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Philip Carey Manufacturing Company , a corporation domiciled- at Cincinnati Ohio through C. T. Corporation System agent for service of process GREETING Original and petiStiuonpsopflemental and _ You are hereby summoned to comply with the demand contained in the the plaintiff in the above entitled and numbered cause 9 duly certified CODIES which and CODIES ofhficeereto attached to be herewith served or file your answer or other pleadingin the of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th day of : names a, names names names names names Deputy Clerk of Said Court y ee Teeth SNES vs. av -Y Woo. -- wee o-er ee ee yaenegdenSeat 77,004 NO 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA U. S. Rubber Company a corporation domiciled at New York City New York through H. M. Robinson agent for service service of process GREETINGGREETIGRNEETGING -ri inal na -up lementa worded ; You are hereby summoned to comply with the demand contained in petition of the plaintiff in the above entitled and numbered cause duly certified copies copy copies of whichhi ierehteo reto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said at Parish the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you this day Witness the Honorable Judges of our said March of 51 19 Court at Eaton Rouge Louisiana Cth Mini Mini 6 aa Primer Primer Deputy Clerk of Said Court 11 MRS GLADYS FACIANE THE TRAVELERS INSURANCE COMPANY NO 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Manvill~ Products Corporation a corporation domiciled in New York City New York through H. M. Robinson agent for . service of process PAI REAR e TeS CF GREETING Original and Supplementa and Amended You are hereby summoned to comply with the demand contained in petition of the plaintiff in the above entitled and numbered cause duly certified copiecopises which ABereto attached and to be berewith served or file your answer or other pleading in the office of the . Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your fallure to comply herewith will subject you to the penalty of entry of default judgment against you day Witness the Honorable Judges _ of March of our said 61 19_ Court at Baton Rouge Louisiana 20th . Palmei ; Nenica Nenica Nenica Palmei Nenica Nenica Palmei Palmei Deputy Clerk of Said Court 4Xz wee TI Sr Gham 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Manville Sales Corporation a corporation domiciled in New York City New York through H. M. Robinson agent for service of process GREETING Animal Animal and nd = rended thi applemental- oo You are hereby summoned to comply with the demand in contained petitioonf the plaintiff in the above entitled and numbered cause m copies duly certified copy of "ee which aw hereto attached and to be herewith served or file your answer or other pleading in the officoef the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this day of March 19 ey minie ric minie A. Parmes Parmes Jeputy Clerk of Said Court vr MRS GLADYS FACIANE THE TRAVELERS INSURANCE COMFANT NO 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE - STATE OF LOUISIANA TO & B Engineering & Supply Company a corporation domiciled at , Houston Texas through C. T. Corporation System agent for service of process GREETING You are plaintiff in the hereby summoned to comply with the , above entitled and numbered cause OrigiannadlAmeandendd Supplemental petition demand contained in copies duly certified copy of which the| hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court f^r said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th _ day of - March 1961 1961 Deputy Clerk of Said Court as RY MRS GLADYS FACIANE THE TRAVELERS INSURANCE COMPANY NO 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA M. W. Kellogg & Company a corporation domiciled at Dover Delaware through H. Fayne Breazeale Victor A. Sachse or Maurice J. Wilson agents for service of process GREETING Original and Supplementa You are hereby summoned to comply with the demand contained Amended and in the petition the plaintiff in the above entitled and numbered cause a duly certified RSeF herareehetreoto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you day Witness of the Honorable Judges of our said March 61 19 Court at Baton Rouge Louisiana this 20th in Deputy Clerk of Said Court a ae Sie 7adYS Arne Jl GRIY tT > De saece er, NO 77,00 19th Judicial District Court PARISH OF EAST BATON ROUGE | STATE OF LOUISIANA , Aber Company Inc. a corporation organized and existing under the laws of the State of Louisiana domiciled at Baton Rouge through Charles E. Dunbar Jr. Sumter D. Marks Louis B. Claverie or Ashton Phelps mosiding Ashton said Phelps agagents ents for service of prpocresoscess - GREETING riinal and supplemental . and ended You are hereby summoned to comply with the demand contained in the petitioofn the the above plaintiff in copies 380 entitled and numbered cause & duly certified tpy of which i hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the of City Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the . penalty of entry of default judgment against you Witness the Honorable Judges of said Zarch 61 Court at Baton Rouge Louisiana this 20th day of 19 va Pa^' Deputy Clerk of Said Court f 4 MRS GLADYS FACIANE THE TRAVELERS INSURANCE 77,004 . 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Armstrong Contracting & Supply Corporation a foreign corporation domiciled at Wilmington Delaware through C. T. Corporation System agents for service of process : nguinemaich nguinemaich Paninha GREETING You are hereby summoned to comply with the . plaintiff in the above entitled and numbered cause Original and demand contained in duly certified copcioespies copies and Supplemental Amended petitionsof the whicahre hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within _ fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th _ day of March 61 19- tu - - ' Palmee i '' Palmee Deputy Clerk of Said Court MRS GLADYS FACIANE VS. a THE TRAVELERS INSURANCE CO NO 77,004 : Judicial 19th Judicial District District District Court PARISH OF EAST BATON ROUGE ' STATE OF LOUISIANA The Travelers Insurance Company a foreign insurance corporation domiciled at Hartford Connecticut through Secretary of State of the State of Louisiana agent for of process the service residing inzseich Parisiz GREETING You are hereby summoned to comply with the demand contained in the supplemental and amended petition a certified copy of whicihs hereto attached and to be herewith served or to file your answer or other pleading to said supplemental and amended petition in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within the time remaining for pleading to the original petition heretofore served upon you or within ten 10 days after service bereof whichever period is longer Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana 20th_ day of March 19_61 19_61 , -* 237 237 237 j _- oo Deputy Clerk of Said Court ~,. Yoga NO 17.0.4 19th Judicial District Court _ J 71 UM SUIT IWANT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA H. I. Thompson Fiber Glass Company a corporation domiciled at Los Angeles California doing business in the State of Louisiana. GREETING ; ritical z aplegate aplegate You are hereby : summoned to comply with the demand contained in the petition the plaintiff in the above entitled and numbered cause . any thereto duly certified any of which thereto attached and to be berewith served or file your ansow r e othr er pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the ~ penalty of entry of default judgment against you ky day this Witness the Honorable HHAARRCCA A of Judges of our said 191- 919- Court at Baton Rouge Louisiana "2 Nenic Palmer Deputy Clerk of Said Court ot Satay MUS GLADYS PACIANE THE TR VELESS INLURANCE COMFANY 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Arrowhead Froducts Inc. a corporation domiciled at Long Beach California doing business in the State of Louisiana -ves inisad ldiPan rig sh . the zended GREETING Originel and Supplemental and zended You are hereby summoned to comply with the demand contained in the plaintiff in the above entitled and numbered cause # duly copter certified file plecadoipngter hereto attached and to be herewith served or your answer or other which in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your fa^-ureto comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this day of March 61 19 _, 20th _ Paines Nene Paines Paines Paines Paines Deputy Clerk of Said Court MRS GLADYS FACIANE THE TRAVELERS INSURANCE COMPANI 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Baldwin Inc. a corporation domiciled at Trenton New Jersey doing business in the State of Louisiana . GREETING Original and Supplemental and Amended You are hereby copies a hereto plaintiff in the shore summoned to comply with the demand contained entitled and numbered cause w duly certified in the petition the copies which attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the | - penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th 7 0 477004 77004 7700477004 day of q March __, 19 61 |Ce mes mes Deputy Clerk of Said Court THE TRAVELERS INSURANCE COMPANT 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Keasby & Nattison Company a corporation domiciled at Ambler Fennsylvania doing business in the State of Louisiana GREETING Criginal and Supplemental and zended ; You are hereby summoned to comply with the demand contained in the petition the plaintiff in the above entitled and numbered cause & duly certified Cop of which hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for sald Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th _ day of 1 19 vy Menic oc, Menic almee almee Menic f Deputy Clerk of Said Court ee ee MRS GLADYS FACIANB VS. THE TRAVELERS INSURANCE COMPANY NO 77,004 19th Judicial District Court - PARISH OF EAST BATON ROUGE OF STATE LOUISIANA Glass Fibers Inc. a corporation domiciled in Toledo Ohio doing business in the State of Louisiana resii n sd aii d Pn arig sh Supplemental GREETING Original and and Amended petition You are hereby summoned to comply with the demand contained in the the plaintiff in the above entitled and numbered cause duly certified copies which a hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our sald Court at Baton Rouge Louisiana this 20th day of March _. 61 19_ Danie Danie PalmerPalmer Deputy Clerk of Said Court w= tere a 7 @ 7 om iP sem heae gee 94m. - Wms. obae ser ty st ew mee ewe pe weet Sauk 7 ae teehee, eee ee Mere 4 27,90 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Nicolet Industries Inc. a corporation domiciled at Florhan Park New Jersey doing business in mai its d maid -Parish the State of Louisiana GREETING riginal and applemental the petition of You are hereby summoned to comply with the demand contained in - the plaintif certified confet which whereto plaintiff in the above entitled and numbered cause & duly confet confet of ry e attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject yotuo the penalty of entry of default judgment against you day Witness the Honorable Judges of our said Karch of _K_arch 19-1 19-1 10th Court at Baton Rouge Louisiana thi -10ths Deputy Clerk of Said Court MRS GLADYS FACIANE NO 77,004 . THE TRAVELERS INSURANCE COMPANI 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA The Ruberoid Company a corporation in domiciled New York City New York doing business in the State of Louisiana GREETING GREETINGREEGTING Original and Supplemental ' and Amended You hereby summoned to comply with the demand contained in petitions the plaintiff in the above entitled and numbered cause w duly certified BR4 Ae which hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th , day of March 191 _# ~~ ny . rey Deputy Clerk of Said Court MRS GLADYS FACIANE NO 77.004 OO THE TRAVELERS INSURANCE COMFANY 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Owens Corning Fiberglass Corporation a corporation domiciled at New York City doing business in the State of Louisiana -Buitrsaii d -Ba uriall a GREETING . Original and Supplement _ and Amended You amg hereby summoned to comply with the demand contained in the petition of the plaintiff in the above entitled and numbered cause w duly certified copies which fi5hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the . penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana thin 20th day of 77.000 March 19. 61 Deputy Clerk of Said Court 4 SPACE P.CLASS eo no UGS HERAGE HERAGE GOEPAXY 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Mundet Cork Corporation a corporation domiciled at N. Bergen New Jersey through Charles E. Dunbar Jr. , Sumter 9. Louis 2. Claverie and ashton Zarks Phelps agents for service of process KRAKKARIK Partn . GREETING Origaindnatlhe supplemental You are hereby summoned to comply with the demand contained and petition the SARE which hereto plaintiff in the above entitled and numbered cause * duly certified attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within penalty of entry of default judgment against you this Noth Louisiana day Witness the Honorable Judges of our said of March 51 . 51 19 ~ Court at Baton Rouge Deputy Clerk of Said Court we = % oa ge, oh Bld. swf 2 CINE fines IROVVISORI IROVVISORI INTOWICE INTOWICE CCUPANT NO 77.004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO = Ingineering & Supply Company a corporation domiciled at Houston Texas through 0. 0. Corporation System agent for service of process ; GREETING Original and Lupplemental You are hereby summoned to comply with the demand contained in petition the plaintiff in the above entitled and numbered cause duly certified copies copies which 2s hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within Afteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 20th _ day of March 1961 Deputy Clerk of Said Court Wy ST ROTO estan. VS. ht le GACE COSFAXY 77.004 Judicial District District 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Mundet Cork Corporation a corporation domiciled at . Dergen New Jersey through Charles E. Dunbar Jr. Sunter D. Marks Louis C. Cleverie and ashton rhelps agents for service of process POR ARNTPaE rte GREETING ziginal at Supplemental | You are hereby summoned to comply with the demand contained in the janded the cOLae plaintiff in the above entitled and numbered cause I duly certified toy which thereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to tha penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this *8 day of Barch 19- 2 19- . ~- ,, " Deputy Clerk of Said Court faye me me Se eae ae:| pe ES 77,000 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO Manville -ales Corporation a corporation domiciled in agent New York City New York through H. " Robinson service of procesa for MRSS Pteenowunn. You are hereby summoned to comply with the demand contained in the petition the plaintiff in the above entitled and numbered cause ! duly certified copy copies which herethoereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you day Witness the Honorable Judges of our said area of 11 19 Court at Baton Rouge Louisiana this Deputy Clerk of Said Court ayy 41 I.CY FACI 3 VS. IMs LL.W TESl ENEUL CE COMFANY NO 77,004 Judicial District 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Company a TO_ Eagle licher Inc. corporation domiciled at Cincinnati Chio Jr. LouisU. throughCharlesL. Dunbar Jr. Junter 3. Marks Clavorie and ishton Thelps agents for service of IYerees, handing In endParish : GREETING Original und the petition of You are hereby summoned _upplemental to comply with the demand contained in and mended the plaintiff attached in the above entitled and numbered cause & duly and to be herewith served or file your answer or certified LoDieg of which 43 other pleading in the office bereto of the Clerk of the 19th Judicial District Court for said fifteen 15 days after service hereof Your failure penalty of entry of default judgment against you Parish at to comply the City of Baton Rouge herewith will subject you within to the Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this day of March - +, 19_61 19_61 aeas 20th hn eeLe PO Lee: Deputy Clerk of Said Court a a ead? LC SLANS NO 77.204 ea VT. INCHASE CONSLAY 19th Judicial District Court - PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO- F. Lorillard Company a corporation domiciled at Jersey City Mau Jersey through C. 1. Corporation System agent .or service of procesa . tesink sal^ d P/ arin shg GREETING Original ON uppletsatal = mexaed You are hereby summoned to comply with the demand contained toipyn the peti7t5ihoenreto plaintiff in the above entitled and numbered cause duly certified ow of of which the attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for aaid Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our sald Court at Baton Rouge Louisiana -SSR th^>a day of March 19 01 Deputy Clerk of Said Court mite CT A%2 DF CIse VS. UP on V7188 20SURANCE CCUPANT NO CC4 19th Judicial District Court Judicial Judicial District District District PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO_ Aber Company Inc. a corporation corporation organized zad~-r existing under the laws of the State of Louisiana domiciled at Baton Jr. Sumter , through Charles E. Dunbar Rouge , D. Marks Louis B. process GREETING: You are plaintiff in the : hereby summoned to comply above entitled and numbered Supplementa Original and demand ended with the and contained in the petition the duly certified of whichhereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply entry herewith penalty of of default judgment against you will subject you to the Witness March Rouge day of the Honorable Judges of our said Court at Baton 61 - 19- Louisiana 20th Palmer Deputy Clerk of Said Court eo eas NO 27.004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Pittsburg Corning Corporation a corporation domiciled at Fittsburg Tennsylvania through C. T. Corporation System agents for _ service of process ; ; residingin anid Parish GREETING ; risisal and 25 lemental and coaded You are hereby summoned to comply with the demand contained in petition of the plaintiff in the above entitled and numbered cause d<uly certified choy of which I hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for m^>dParish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this _ th day of March 1 sec HeniLe. Falrer Deputy Clerk of Said Court Valmes INUE INUE COFY this farch 20th 1961 Themis Valmes Valmes Deputy Clerk of Court om +1 SHARIFSWIP SHARIFSWIP RECIVL . . ~~ s. _ S Le ! .2 o. . oa Se, - 77,00X 77,00X Philip Sheriff Fees B JB PhatiPchatic Phatic agent a | sma~ Tere ssmmaa ~ ~ dty Caco Caco asDeputC y taca tillco of vis -+2kt * L aed th, ? nicei 4 c oF a . nice pert Heasby 77 7 ee Heasby a 197m ZHeasby pr we > K^'e fw, amd _ gree o a go Z HeasbyHeasby | o a oy Karch 22 1961 ' Civil Sheriff Parish of Creans He Grleans Louisiana Dear Sir Re No. 77,004 faciane Mrs. Gladys faciane - VS. The Travelers Insurance Co. We are enclosing herein copies of original and supplemental petitions and citation in the above numbered suit , to be served on R. J. Reynolds Tobacco Company through Harry EcCall or Leonard Sarpy agents for service of process , and on Manville Froducts Corp. Manville Sales Corp. and U. Rubber Company through H. H. Robinson agent for service of process Flease make your return on the duplicate original citations enclosed and send us your bill for service Yours very trulj Deputy Clerk of Court March 22 1961 Civil Sheriff Parish of Orleans New Crleans Louisiana Dear Siri Ret No. 77,004 77,004 Mrs. Gladys Faciane VS. The Travelers Ins Co. Je are enclosing herein copies of petition and Orleans supplemental petition and citation in the above numbered suit to be served on Hundet Cork Corporation Iagle Ficher Co. Inc. and Aber Company Inc. all through Phelps Dunbar Marks & Claverie agents for service of process 420 Hibernia Bank Bldg New Louisiana citations Flease take enclored and your send return on the duplicate original us your bill for service Yours very truly Deputy Clerk of Court ah LL S a VS. NUMBER 77 004 DIVISION 19TH JUDICIAL DISTRICT COURT z 3 PARISH OF EAST BATON ROUGE COMPANY ET AL : STATE OF LOUISIANA FOLTEL TSI E TIS ESIT L TSA S ET ST SA SSSL TAA S SSS S TS SATS TTA STS Tess set sszeT sess esos DILATORY EXCEPTION ra Corporatio Now into Court through undersigned counsel cones Mundet Cork , purportedly made defendant in the above entitled and mmmbered cause appearing me herein solely for the purpose of excepting to the supplemental and amended me er ; petition of plaintiffs and excepts to said petition on the following grounds 1 te amended at Exceptor cannot safely plead to plaintiffs supplemental and i | petition because said petition is too vague general and indefinite in that i Article 37 of said petition alleges that Mundet Cork Corporation among other manufacturing concerns was allegedly with ; in certain respects ! negligent rceegratradin to products allegedly manufactured by Mundet Cork Corporation and on used " petition jobs by the decedent however said b A does not specify the products e i " allegedly manufactured by Mundet Cork Corporation and used on the jobs by the Hl : q decedent nor which of decedent's alleged employers purchased and used products allegedly manufactured by Mundet Cork Corporation nor when said sales took place nor in what respects the said products were inherently dangerous nor ! . in what respects the products were defectively manufactured : WHEREFORE exceptor prays that this exception be maintained that ee accordingly plaintiffs be ordered to amend their petition by particulerizing the 2 vague general and indefinite allegations complained of herein that in default such reasonable of amendment within a to delay be fixed by this Court plain- 4 i tiffs petition be dismissed as to exceptor at plaintiffs costs | | a , tg Exceptor further prays for all orders and decrees necessary and proper mahal in the premises and for all general and equitable relief | | el BY ATTORNEYS t j BURTON ROBERTS & WARD 206 Louisiana Avenue \ Baton Rouge Louisiana nH e By a Charles W. Roberts ' ee a 1 abe MASTIC^CH MASTIC^ CHJEDICAL DISTRICT from PARISH OF 1ST 176 ROUGE STATI STATI CF 2UISILA CF 2UISILA 2UISILA "RE, OLIDIE FRIE MUIBDE 77,004 - DIVISHLA Joe lil TRAVELS LLovos KOPALY ALSIER LS 7. LURERLAND SCIFALY A DEFERDAMS TO GRIGIAL PETITIC ALD APPLIENTAL APPLIENTAL A^ ALDER PETITIL FILED BY PLAINTIFFS THI HUKELD fom THI TOMD HUKELD MD FOR FOR THE TIE TIE PAP RISH A PARRIIS SHHLF NS MILEAGE JUDICIAL sates vUGe THIS THIS MMIILLEAEGEAGETH JUDICIAL DISTRICT DISTRICT NEE ST NEE ST wari. STATE STATE STATE OFLOUISEAM SCUT SCUT MAI MAI w into Court ou undersigned counsel comes P. Lorillard Sempany purportedly made a defendant herain and for answer to the original petition filed herein by plaintiffs to the supplemental and amended petition filed herein by plaintiffs and to said original petition is supple- cented and asended by said supplemental and amendead mended petition , denies all of the allegations contained in said petitions that may be hereafter especially admitted except such thereof 12 any . Furtner answering said petitions categorically respunuent avers alleges and pleads as follows For net of sufficient inforation to justify a belief with regari tucreto respondent denies all of the allegations in contained part~-rapai Merat For lock of sufficient information to justify belief with regard vecpcrdest denies all of the allegationsallegations contained in in paragraph 2 of original petition 3 3 For lack of sufficient information to justify a belief wht retard Khotito Jespondent denies all of the allegations contained in patinaj 3 of snid ^ iinalpetition For iosnesea o l S S tf titaetss therets respondent caries all the rejrej ara ara mirations contained in para mapa - C , t | Steretc seapendent Venies 10 szii ori imapetition rojard o^ justify belief lack of sufficix information to justify a belief with thereto respondent denies all the allerations contained in paratraya si criginal ppeetition tpetiitiotpentition ion - For lack Fo la r ck of sufficient sufficient sufficient sufficient sufficiesunf icitent sufficient sufficient information information information to to justify justify justify belief beliefbelief 2 this tercie respondent defies all the allegations contained in para raga the rato respondent denies all x. allestions said original petition raya to to justify justify justify a respanient respanient dandus Cu Wut nisations nisations contained in para raph ari itab petition S.i of sulfisier informatiotno justify a beliei its reprd reprd thterohbu ethreroobtheurobbu u respondent respondent respondent deries deries deries : : allegations st the tthe he alegations allegations ecstained ecstained paragraph in paragraph paragraph 10 in of of ssaaidid imal uri uri imal imal petition petition il = Wo em sufficient sufficient sufficient sufficient Mu we ee aitiot ee eee to justify a belief POC Base lentes ill tug ills ions contained din porn maju V^ V^ For lack of sufficient information to justify a belief with reara thereto respondent denies all of the allegations contained in paragraph 12 of said original petition 13 For lack of sufficient information to justify a beliefwith regard thereto respondent denies all the allegations contained in paragrap 13 of said crifinal petition For lack of sufficient information to justify a belied with regard thereto respondent denies the allegatis contained in paragrapa 14 of said original petition noe Respondent Respondent alleges that paragraph 15 of said original petition contains no allegations of fact and therefore should require no answer . answer is required then for lack of sufficient sufficient information to justify a if beliei uiba veyard thereto respondent fonies the allegations contained in paragraf~- For lack of sufficient information to justify a belief with regard thereto respondent denies all of the allegations contained in paragra ~-n1 of said supplemental and amendes petition 27 For lack of sufficient information to justify a belief with regard therets respondent denies 322 if the allegations contained in paragraph 2 of said supplemental and amended petition lu. thereto For lact of sufficient information to justify a belief with re ar^ all of - respondent denies allegations containedin paragrap 3 of said supplementaland amended petition petition petition petition . 5 For lack of sufficient information to justif a belief t^ith regard regard thereto respondent denies all of the allegations contained in paragraph 4 ef said supplemental and amended petition we For lack of sufficient information to justify a belich with regard thereto respondent denies all of the allegations contained in paragrapa 5 of said supplemental and amended petiti in. 21 For lact of sufficient information to justify a belief with regard thereto respondent denies all of the allegations contained in paragraph ^of said supplemental and acended petition . 22 For lack of sufficient information to justify a belief with regard thorats respondent denies all of the allegations contained in rapa 7 of said supplemental and amended petition 23 For Lach of sufficit information to justify a belief with retard thereto respondent denies at of the allegations contained 1: paragrapho of said supplementalaia led petitio Ov) <- Ror - .28 en DLS oleS t ae garrisl: information information information 2 information to justify justify justify belief belief belief 1 belief raped with raped raped raped thereto respondent conies all of the allegations contained in paragraph of caid supplemen mienied mienied mienied petition petition petition infummation to justify a belief with regard Aleret respondentes respondentes alleations alleations contained in paragrapa it in amended petition petition petition 22 lagi of sufficient infomition infomition to justi a veiled i+: rejard rejard Mondes EL 12 tile silerations contained in garrapak garrapak 12 of tame vet a TRO ro UR adn petition petition petition For lack of sufficient information to justify justify a selief selief with~- re^~-rd~- re^~-rd~- thgrets respondent denies all of the alegations alegations contained in garal rapa 12 of epid epid epid supplemental and amended petition For lack of sufficient information to fustify a bellef min zejzr^ zejzr^ thereto respondent denies all of the allegations contained in paragraph 13 of said supplemental and amended petition 35 For lack sufficient information to justify 2 belief with regard thereto thereto respondent denies all of the allegations centained in paragrai14 oz Jaid supplemental and amended petiti 3 For lack sf sufficient information to justify a belief with regard thereto respondent deries all of the allegations contained in paratrept 15 of said supplemental and amended petition justify a beliez vita ce pri thereto respondent denios all of the allegations centained in paragnopii lu of said supplemental and attended petition 32 For lack of sufficient informationinformation to to justify a belief with regard thereto respondent denies all of the allegations contained in paragraparagra 17 . of said supplemental and attended petition 33 For lac of sufficient inforation inforation to justify a belief with regard thereto respondent denies 3h of the allegations contained in paragraph it of said supplemental supplemental and ended petition aaie For lack of sufficient Lifor men to justaivefliys re thereto respondent denies all -2 ve alle itions cuntled For For lack of sufficiention suf iciention sufficiention suficiention suf iciention sufficiention sufficiention to justify justify justify a belief belief belief with with with nn so are Sherate respondent denies all of thealbrationsalbrations contained in paragraph 20 of said supplemental and landed patition For in of sufficiat f+ --- tion to justify a belie wins re ard thereto respondent defies il lo the allegations contained in para A of of said said supplemental supplemental and petition banded petition bbanda ed nded petition petition on tee Fur lack of sufficient thereto respondent ^"nicsv^/l of the allegations contained in paragraph 22 of said supplemental ended tition tition 37 37 For lack of sufficient information to justify a belief with regard regard there respondent denics all of the alb ationscontained in paragraph 25 of cal supplementaland a ended petition Respondent addito tan ta sations centained i pima raja naid naid supplemental and end ____ are substantially comTOCI Lock For For Lock of of thorsit thorsit thorsit thorsit respondent respondent respondent denies denies Of : the Merations Merations Merations toitainei toitainei toitainei * said supplemental and sensed sensed 25 umarapu umarapu 25 For Iac Iac of sffici** Weration to justify a belio vita regard thereto respandent denies all of the allegations contained in paragraph 26 of said of said supplemesunplementaltal and aammendedendedamended . a2 + en 3ti tls. For For of Incit Incit of suffisier - suffisier nation fustify a nation te fustify fustify a belief belief with with with regard regard regard . llieniatieonsnations cocnonttaaiinneedd in in para para zap zap 47 my MS BEGLY For lack of sufficient formation formation tthheererteoto rerspondenet sponredseponndtent dde emm iei s es a> sc ofof tthhe e alallleeggataiotnis ons contained contained in 25 in parigrapa 25 of anid supplemental and asmded petition For lack of sufficient insamation to justify a belief with regard Thereto respondent denies all of the allegations contained in paragraph 24 of said supplemental supplemental and auded patition soe For lack of sufficient infomation to justify a belief with retard Merata respondent denies all of the allerationsallerations in contained paragraph 30 of said supplemental and a ended przftion For lack of suifitio t 2 fumation to justify a belia ste roland thereto respondent do ooo. the allegations contained in parama d~3-1 of said supplemental and vien vien For For For lack lack of s Adal ym s belie a a belie VI Toe hard themata respondent Catige all vl the allegations containedin paragraph 32 ef st^l supplemented supplemented supplementedpetition accept that respondent denies subri that it published Lo sve e advertisements and assurances of " 45 For lack of sufficient information to justify a belief with regard thereto respondent denies all of the allegations contained in paragraph 3- of said supplemental and amended petition 50 Respondent denies all of the allegations contained in paragraph paragraph 35 of said supplemental and amended petition 51 For lack of sufficient information to justify a belief with regard thereto respondent denies all of the allegations containeidn paragraph 36 of said supplemental and amended petition 52 Por lack of sufficient information to justify a belief with regard taereto respondent denies all of the allegations contained ir paragraph 37 of said supplemental and asended petition 53 in Respondent denies all of the allegations contained in paragrap2h5 of said supplemental and amended petition 54 54 Respondent denies all of the allegations contained in para .... 3 . of said supplemental and amended petition 55 Respondent denies all of the allegations contained in paragraph ku . of said supplemental and amended petition 56 Respondent denies all of the allegations contained in paragraph 41 of said supplemental 3^fldamended petition 57 Respondent denies all of the allegations allegations contained in paragraph 12 of said supplemental and amended petiti . h For lac of sufficien 2 .titio on tn ion ttoo belief justify justify justify = 2 bebelielf iefbelief with with with trau trau trau trau thereto respondent denies t the 2 nations nations contained in tra iwi maid maid maid suppinental as and amended oh! eee For fack of For suffici suffici suffici it suffici 4 thereto respondient deries il If of said supplemental and memos : belie : with with regard regard paragraph contains,, in paragraph 4 For lack of superation superation to justify a belief with regard thereby respondent denies .i.. -2 the leations leations in contained paragraph 46 of said supplemental andameriod ameriod potitlan je fur answer tu supplemental petition paru najjl~- 19 paru najjl~- 19 of said said and amended weryeete cmgh snt sntsnt som som reiterates reiterates reiterates reiterates reiterates reiterates reiterates reiterates on on and and spemt alle ation and dendam cuntained in 14 14 , incisiv incisiv incisiv incisiv ee tea tea incisiv tea tea the sate = sate as if repeated in in Further answerine pleads as Jillows jubiniu , respondent piers ille psand AQ eena tt CESS INSIS ae toniss at either the loss loss the or the death of of the late Clavenos Clavenos Clavenos Clavenos .L ae . Fit. uafter referred to as deceden)t was I, caused Ne caused ter BERS poll poll o in chmay related to any famit on the part of of respondent respondent respondent denied fault being likewise particularly Ill anse related to decedent death Fon. G0li ut live MIT af He prescriptiom perided by Articles 2534 2546 x 3534of the Louisora il Sode Sode and such other period or periods stubutory stubutory or otherwise is may be applicable In the alternative and scaly in the event that respondent should be found to have beer guilty of any negligence related to decedent's death which is device respondent further further avers that any recovert by plaintiffie barred by decsient's Inving assumed ax risks incident to the sucking of cigarettes manufactured ox- respondent 15 In the alternativo and solely in the event that respondent should to brandto fave been wilty of ar neligence reinted to decedent's deat^ shion is denied respondent rrediespendt isperednispetnt redispent redispent redispent in continuing continuing continuing to suckeen suckeen suckeen avers that decedent was contributorily heknew or should have mom in the atareise of due care that loin se lightbe injurious to his healtu1 DEFCE DEFCE DDEFCEEFCE respondent respondent - Lorillard Lorillard Company Company Company prays prays thtahatt as to our mail respondent the plaintiffs and each and all or then be all rejected and denied mai that as to your said respondent this suit be dismissed at the costs of plaintiffs darein Respondent Suctiier pas for all necessary cruers and for all eneral and equitable relief sad for all costs ee oS TRO ln e SS BSC ; S Sst NEST NEST KOJI NATER NATER DRI ~ = gyrsaes & PUTS 406 Louisiana Juuje Louisiana Lorillard Company ational cums izur P. ; 4. DEPUTY CLERK 4 <3 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DIVISION A IRS GLADYS FACIANS V3 TS TRAVELERS INSURANCE COMPAITY ET AL DOCKET 110. 77,004 JUDGMENT ON DILATORY EXCEPTION OF U. 3. RUBBER COMPATY This couse came regularly for hearing on the dilatory exception filed by the defendant U. S. Rubber Company on the 15th day of April 1962 and the Court considering the law and evidence to be in favor of the exceptor IT IS ORDERED ADJUDGED AND DECREED that the dilatory exception of vagueness filed herein on behalf of defendant U. 3. Rubber Company be and tite same is hereby sustained and the plaintiff is hereby ordered to amend paragraph 37 of the supplemental and amended petition so as to specify the products allegedly manufactured by 6. Rubber Company and . used on jobs by the decedent Clarence A. Faciane Sr and to further amend said paragraph 37 of the supplemental and amended petition so as to specify which of the decedent's employers purchased and used products allegedly manufactured by U. 3. Rubber Company and the dates upon which said purchases were made and to further amend paragraph 37 of the supple- mental and amended petition so as to specifically allege in what respects the alleged products were inherently dangerous or if not inherently dangerous in what respects the alleged products were defectively manu- factured IN IS FURTHER ORDERED ADJUDGED AND DECREED that in default of the plaintiff sending paragraph 37 of the supplemental and amended petition petition as hereinabove provided within fifteen 15 days that this suit as against U. 3. Rubber Company be and the some be dismissed * SUORIFICARE SUORIFICARE SUORIFICARE SUORIFICARE SUORIFICARE SUORIFICARE SUORIFICARE SUORIFICARE SUORIFICARE SUORIFICARE I certify that a copy of the forersing pleading was this dar mailed jostare prepaid to each of the following Charles . Fillips Esquire Taylor , Porter Brooks Fuller ^ Phillips Attorneys at Law 1100 Louisiana lational Jank Juilding Baton Rouge Louisiara counsel for The Travelers Insurance Company and mstrong Contracting & Supply Corporation defendants Edward 11. Grar Esquire Fersy and laczurdis AttornagAattornaga at law . 205 RomainRomain Building Saton Rouge Louisiana Counsel Iu Aber Company Inc. a defendant | - Jr. Esquire Frank S.Craig Rizer Heaton Craig & Cangelosi Attorneys at 001 Fide. Wird Street Saten Neue Neue Law Matical Bank Iouisiana Building Counsel forwwensens dorning Fiberglass ; a defendant Corporati : ose, - bustion squire dage anders Domin 201 dage dage Savings & saban Moure Louisiane Louisiane Rubin ^ lear Loan Jalizimi Baton Rouge Louisiana Fiberglass Jongel for H. I. Troopson Copany and- Phili Care Manufacturing CompanyCompany defendant Maurice J. Hison Esquire Sachseison Ireascale Sachseison Atformers Atformers Atformers AtformersAtformers at Day Sachseison Sachseison . Fidelity ational Ban Building Hird Strect - Daton letre Louisian Counsel for Reisbey = Mattison Compar a defendant Hebert 1. Den isquire Atterner at las Louisiam Counsel Louis Baton 11 St. Street , Compan^> forIII III Kellocs Rouge a defendant RichardC. Cadimllader Esquire ttouner ttouner at Za Tel, Izuisiana ational Jan Suilding Douge Douge Douge Satan Louisiana counsel counsel for defendant 1 & 3 Engineering & Supply Company David N. Nobinson Doquire Wilson Hatson Marche Attorneys at Law Posner & Thibaut 137 St. Ferdinand Street Zaton Rouge Louisiana Counsel forfor ttsburg Corning Corporation a defendat 2. Leland Zehardson Esq; uire itterme et fex Juilding 410 Region Juilding Eaton Rouge Louisiana Jounsel for Manville Sales Corporation 31d lanville Product Corporation and Glass Fibers Inc. defendantsdefendants Slater Jr. Esquire Tet Deus tritans diam counsel for Coupart ao le ic le ic Harry all all Jr. Esquire Caffee Dall Phillips Surte & Nopains : Attorners Attorners leas 00 ational fan of Commerce Building On Louisiana counsel vrisons Coco Jap a defendant for1 ; 6. Renci^s Schumacher Carl vs Merle v2 Keile Jr. Esquire ittorneys at Law 1536 National and of Camerce Building Ruberoid How Crisans Louisiana counsel for Baldwin Inc.2nd i^-caletIndustries Inc. andThe CompanyCompany Company Company defendants Charles Esquire Charles Roverts Roberts Charles Im RobertsRoberts Esquire Esquire & ll^^rdrd Eaton 200 La Avenue Rouge Louisiana Juansel for fundet Son Corporation a defendant arr 1943 Lone wNet Promot Ing Curry Street Zezer Jalifornie a defendant R. Alva Trunfiski Raquire Lat 305 350 american Bag Suliding Suliding Floriia Strex Suliding Suliding son out Counsel , LowF te si-oesq, s Counsel for > aint3 { Item Rouge umisiana umisiana umisiana umisiana this this 13 Ge 7 2 ain 2. a Aliress Louisima Louisima 100 Louisima Louisima Louisima Louisima Louisima Louisima Later Houge Louisiana Lorillard Company Company National tar: counsel f^...r + Wiki Wiki Wiki -- -- 3 EEX ance Company in solido for Workmen's Compensation Benefits at the rate of 35.00 per week beginning March 20 1960 and continuing weekly thereafter for a period of 400 weeks together with legal interest on each past due installment from its neturity date until paid and for funeral expenses in the sum of 600.00 together with legal interest _ thereon from judicial demand until paid Petitioners further prey for all costs all nacessery orders general and qquitable relief By Attorneys H. ALVA BRUMFIELD ROBERT E. FURNER 205 BY American Baton Rouge ; Bank Building Louisiana CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing answers have this day been mailed properly address and postage prepaid to C. W. Phillips Esq Ed Gray Frank S. Craig Jr. Esq Gordon Kean Jr. Esq Joseph Keogh Esq Maurice A. Leon Hebert Esq Richard C. Cadwallader Esq J. Wilson Esq DaviWd. Robinson Esq E. Leland Richardson Esq Benjamin R. Slater Jr. Zsq Harry McCall Jr. Esq Carl J. Schumacher Jr. Esq Charles Williem Roberts Esq Calvin E. Hard^>n Esq Inc. attorneys of record herein and Arrow Head . Products Baton Rouge Louisisne this 19th day of April 1962 CERTIFICATE I hereby certify that a copy of the above and foregoing exception has boen served upon each of the following persons H. Alva Brumfield Esq . 205 American Bank Building Baton Rouge Louisiana Harry McCall Esq 1500 National Bank of Commerce Building New Orleans Louisiana Edward W. Gray 205 Roumain Building Baton Rouge Louisiana Charles W Phillip11s00 La National Bank Building Baton Rouge La Mary Bird Perkins 304 La National Bank Building Baton Rouge La F. S. Craig & R.F. Cangelosi Jr. 801 Fidelity National Bank Building Baton Rouge La Aubroy MeCleary 201 Baton Rouge- Savings & Loan Building Baton Rouge Louisiana Maurice J. Wilson Fidelity National Bank Building Baton Rouge La David W. Robinson 137 St. Ferdinand St E. Leland Richardson 410 Reymond Bldg Baton Rouge Louisiana Joseph F. Keogh P. O. Box 2523 Baton Rouge Louisiana Paul B. Deal 1836 National Bank of Commerce Bldg New Orleans La Calvin E. Hardin Jr. 408 La National Banic Bldg Baton Rouge La and A. Leon Hebert 118 St. Louis St. Baton Rouge La by depositing same in the United States mail New Orleans Louisiana April 23 1962 FILED APR 24 24 1962 . DY CLER OFK codat DEFUT G_ERS DEFUTG_ERS i rt MRS GLADYS FACIANE vs. THE TRAVELERS INSURANCE COMPANY as NUMBER 77,004 77,004 DIVISION C 6s be 19TH JUDICIAL DISTRICT COURT 40 te PARISH OF EAST BATON ROUGE th STATE OF LOUISIANA rite terete sge_eds: DILATORY EXCEPTION ON BEHALF OF KEASBEY & MATTISON COMPANY : a . TO THE HONORABLE NINETEENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA KE^ SBEY& MATTISON COMPANY purportedly made defendant in the . above purposes numbered and entitled cause appearing herein solely for the of this exception excepts to all of the petitions filed herein by plaintiff on the following grounds wlt 1 and Plaintiff's petition as supplemented and ambiguous that exceptor cannot safely plead to mended is so vague it Paragraph thirty- seven of the original petition alleges that the death of Clarence A. Facia was further caused by the negligence of Keasbey & Mattison Company along with others in connection with products allegedly mano- factured by Keasbey & Mattison Company and used on jobs by decedent . The petition fails to specify what product or products allegedly manufactured by Keasbey & Mattison Company were used nor does it jobs on which such products were allegedly used nor specify does it the job or state which of decedent's alleged employers purchased and used said products nor when said vales dangerous took place nor in what nor in what respects said products were inherently respects the products were defective nor what dangerous and defective materials were used in the manufacture of such products nor wherein such products were dangerous WHEREFORE exceptor prays that this dilatory exception be main- tained and plaintiff be ordered to amend her petition by particularizing the vague and ambiguous allegations complained of herein that in default of such mendment within a reasonable delay to be fixed by this Court plaintiff's petition be dismissed as to exceptor all st plaintiff's costs by Attorneys BREAZEALE SACHSE WILSON L Maurice J. Wilson 701 Fidelity Bank Building Baton Rouge Louisiana Louisiana Attorneys for Keasbey & Mattison Company CERTIFICATE I certify that a copy of the foregoing exceptiohans this day been served on H. Alva Brunfield Esquire attorney for plaintiff by placing same in the United States Mail postage prepaid and properly addressed to him at his offices located at 205 Amaricm Bank Building Baton Rouge Louisima further that a copy of said exception has this day been mailed to all other counsel of record in this proceeding Baton Rouge Louisima May &. 1962 FILED K MAY 9-1962 9-1962 9-1962 Maurice Wilson H ah i| MRS CLADYS FACIANE 1 VS. | { 3} THE TRAVELERS INSURANCE COMPANT ET AL NUMBER 77,004 DIVISION } 19TH JUDICIAL DISTRICT COURT } PARISH OF EAST BATON ROUGE } STATE OF LOUISIANA ; JUDGMENT SUSTAINING DILATORY EXCEPTION ; This matter was heard in regular order on the 7th day of May 1962 on the dilatory exception filed herein on behalf of Owens Corning Fiberglas Corporation on the 2nd day of May 1962. The Court considering the law and the evidence to be in favor of sustaining the exception IT IS ORDERED ADJUDGED AND DECREED that the dilatory exception filed herein on behalf of Owens Corning Fiberglas Corporation be and it | is hereby sustained as to all the petitions filed herein by the plaintiff and plaintiff is hereby ordered to amend her petitions on or before May 23 by 1962 and particularly Article 37 of the original petition herein in me connection with certain products allegedly manufactured Owens Corning eh we m Fiberglas Corporation and allegedly used on jobs by the decedent such amendment to specify the product or products allegedly manufactured by Owens Corning Fiberglas Corporation the jobs on which the producta were - allegedly used by decedent which of decedent's alleged employers purchased \ and used the products allegedly manufactured by Owens Corning Fiberglas Corporation when said sales took place in what respects the products ; were inherently dangerous in what respects the products were defectively marmufactured what dangerous and defective materials were used in the products and what dangers were inherent in the products In default of such amendment within the delay set out above plaintiff's suit shall be dismissed as to Owens Corning Fiberglas Corporation at plaintiff's costs JUDGMENT RENDERED in Open Court the 7th day of May 1962 JUDGMENT READ AND SIGNED in Open Court the 8 -. day of gg May May ' 1962 e mee et es Cabarett Cabarett ae JUDGE ae DISTRICT COURT ~~ tee ee eae TRUE COPY 8.156 J ESR - ~ Y Be te K va 5196 5196 5196 2 we ow we we o v NO 77,004 NINETEENTE JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DIVISION DOCKET NO MRS GLADYS FACIANE VS THE TRAVELERS INSURANCE CO ET AL FILED May 15 1961 May Jashis Jashis Deputy Clerk EXCEPTION TO THE RATIONE PERSONAE CITATION AND ON BEHALF OF TO THE JURISDICTION THE DEFENDANT BALDWIN INC TO THE HONORABLE THE JUDGES COURT FOR THE PARISH OF EAST DIVISION C OF THE NINETEENTH JUDICIAL DISTRICT BATON ROUGE STATE OF LOUISIANA Now into court through its undersigned counsel.comes counsel.comes Baldwin Inc. made defendant herein appearing solely for the purpose of urging the following exception and excepts to the citation on the following grounds wit Exception to Citation The citation and petition addressed to the exceptor Baldvin State for the State Inc. was served of Louisiana on through | the Secretary of , , that said service is defective null and void for the reason that the Secretary of State for the State of Louisiana has never been designated es an agent for the service of process by the Baldwin Inc. and because exceptor is not engaged in business activities in the State of Louisiana as set forth in Article 17 of the supplemental and amended petition but on the contrariys neither domiciled nor doing business in the State of Louisiana and therefore cannot be cited and served through the Secretary of State of the State of Louisiana Exception to the Jurisdiction Ratione Personae Defendant Baldwin Inc. further appearing solely for the purpose of urging these exceptions excepts to the jurisdiction , jurisdiction of the court ratione personae on the following grounds wit That exceptor is not engaged in business activities in the State of Louisiana as set forth in Article 17 of plaintiff's supplemental and amended petition but on the contrary is neither domiciled in nor doing business in the State of Louisiana and that this Honorable Court is without jurisdiction ratione personae WHEREFORE exceptor prays that these exceptions be maintained and the plaintiff's suit be dismissed as to the exceptor Baldwin Inc. at the plaintiff's costs and for all general and equitable relief LEMLE & KELLEHER Trial Attorney 1336 National Bank of Commerce New Orleans Louisiana Building FILED MAY 15 1961 Sculls Jackie COUNT CERTIFIED TRUE CERTIFIED DEPUTY CLERK : i NUMBER 77004 DIVISION t 19TH JUDICIAL DISTRICT COURT : PARISH OF EAST BATON ROUGE STATE OF LODISIANA one Now into 1 of the Court through undersigned counsel comes Hundet Cork Corporation defendants herein and on suggesting to the Court that a judg- | ment was rendered herein on April 23 1962 and read and signed on April 24 vagueness || 1962 sustaiming the exception of filed herein by Mundet Cork Cor- poration that said judgment ordered plaintiffs to amend their petition in | certain particulars within fifteen 15 days from date thereof that plaintiffs plaintif s have not amended their petition in such particulars and more than fifteen 15 | days have elapsed since the date of such judgment therefore appearer noves i that said suit be dismissed insofar as Mundet Cork Corporation is concerned IT IS ORDERED ADJUDGED AND DECREED that the above entitled and mmmbered cause is hereby dismissed insofar as Mundet Cork Corporation is concerned at plaintiffs costs DONE READ AND SIGNED in Open Court at Baton Rouge Louisiana this 24 day of May 1962 JUDGE 19th Judicial District Court BURTON ROBERTS & WARD 206 Louisiana Avenue Baton Rouge Louisiana Charles H. Roberts Tt : SN = . . : sgt C.W. Molet - 10. Diva Bold Bold mae mt kL 7 himent ome AGSLADYS FCIANE VS. THE MALERS COMPANY COMPANY INSURANCE * NUMBER NUMBER 77,004 DIVISIUN C * 19TH JUDICIAL DISTRICT COURT * PIRISH OF EASY BITON ALUGE id **** STALL OF LGUISI.NA LGUISI.NA LGUISI.NA ANT This cause care on nezring on Declinatory Exceptions on Monday May 7 1962 at ten a .; after reviewing the pleadings znu annexed affidavit hearin 3 the argument of councel and considering the law in the evidence to be in favor of Excepter H. I. Thompso Thompso Fiber Glass Company and for oral reasons assigned IT IS CADEXED ADJUDGED AND DECREED that judgment be and it is nereby rendered in favor of Exceptor H. I. Thompson Floer Glass Company and against the plaintiff Mrs. Gladys Faciane dismissing plaintiff's suit against said Exceptor at plaintiff cost JUDGMENT RENDERED READ AND SIGNED in Open Court on 24 day of May 1962 SUGI 19TH CaBarnet COURT LUDICIAL LUDICIAL COURT < NOTICE OF ORDER OF JUDGMENT IN COMPLIANCE c WITH LOUISIANA REVISED STATUTES OF 1950 3346 MRS GLADYS FACIANE VS THE TRAVELERS INS CO ET AL 77.004 A Div 19th JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA ---- Jos Keogh B. Alva Brumfield GREETING You are hereby notified that a decision was rendered and spread on the minutes of Div 24 on the . day of May 1962 in the above entitled and numbered cause and the following is a true copy of the entry of said decision Fox oral reasons assigned there is judgment herein dismissing plaintiff's suit against defendant H. I. Thompson Fiberglas Company at plaintiff's costs judgment signed and filed See decree X Oral decision ( ) Written decision a copy of which is enclosed nerc ... Thus done signed and mailed at Baton Rouge Louisiana on this 24 day of May .62 Deputy Carpat Court GLADYS FACIAME VERSUS | THE TRAVELERS INSURANCE COMPANY ET AL FILED McL 26 1962 : NUMBER 77,004 DIVISION C : 19TH JUDICIAL DISTRICT COURT i PARISH OF EAST BATON ROUGE : STATE OF LOUISIANA i ba yy fi te Deputy Clerk MOTION Now into Court through undersigned counsel comes Picher Company referred to in the supplemental and amended petition filed herein as Eagle Picher Company Inc. appearing solely herein for the purpose of this motion and with full reservation of all rights to plead to the jurisdiction or venue of the Court and moves the Court for an extension of time within which to plead as follows I. Mover shows that this matter was on April 7 1961 removed from the Nineteenth Judicial District Court for the Parish of East Baton Rouge to the United States District Court for the Eastern District of Louisiana Baton Rouge Division bearing Civil Action No. 2452 on the docket of said Court that on May 15 1961 mover was granted an extension of time within which to plead through thirty 30 days after disposition of the motion to remand by the United States District Court mover is informed that by order of the said United States District Court the case was remanded to the Nineteenth Judicial District Court for the Parish of East Baton Rouge by order entered March 15 1962 that mover desires that this Honorable Court grant an order extending the time within which to plead herein through April 23 1962 HONROE & LEMANN Malcolm L. Monroe Benj R. Slater Jr. 1424 Whitney Building New Orleans Louisiana Attorneys for Mover Picher Company Slater 2 ) By ain Benj R. Slater Jr. | ~. IMP LADYS FACIANE 27,004 27,004 SEE R SELERS TECURANCE COMFANY 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA The Ruberoid Company a corporation domiciled in New York City New York doing business in the State of Iouisiana GREETING: Original and Supplemental| and mended You are hereby summoned to comply with the demand contained in petition the plaintiff in the above entitled and numbered cause @ duly certifiedShah which hereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana 30th day of March 151 CERTIFIED CERTIFIED CEPUTY CLERK agd Nenie L. Falzer Deputy Clerk of Said Court TEUS TEUS COPY this March 26th 1961 Seputy Clerk of Court - BBAATOTN ON MAN 22 . ROUGE ROUGE 46 FFICE 46 FFICE PM > FFICE 6 SRo. ITADYS JuCrUE VS. SNL TERT TENTO INSUTURO3 CC 77,004 19th Judicial District Court | PARISH OF EAST BATON ROUGE STATE OF LOUISIANA strong Contracting & Supply Corporation a foreign corporation domiciled at Hmington Delaware through C. -. orporation ystem agents agents for service of process , Af 63 he in 0 Pian - GREETING Griginal and Supplemental You plaintiff in are the hereby summoned to comply with the demand contained in the petition the copies are I above entitled and numbered cause I duly certified tof of which I hereto , attached and to be herewith served or file your answer or other pleading in the office of the . Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you thing 20th _ Witness the Honorable Judges of our said Court at Baton Rouge Louisiana Zarch 61 ; day of 19- CERTIFICEERTIDFIED Deputy Clerk of Said Court ee pte _ AADIS DACIRAo . 77,004 77,004 19th Judicial District Court PARISH OF EAST BATON ROUGE Keasby & Kattison Company a corporation Comiciled at . Ambler Pennsylvania doing business in the State of Louisiana GREETING / Original and Supplemental and trended You are hereby summoned to comply with the demand contained in the petition the plaintiff in the above entitled and numbered cause T duly certified coties which # hereto ' attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for maid Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Louisiana Ware Judges of our said Court at Baton Rouge 51 this 4705 day of a, 19 . CERTIFIEDCERTIFIED TRUE GIV Falmer sadenie L. BATQ BATQ MAR Deputy Clerk of Said Court 22 12361 = CHCI GCIY this March 20th 1 L.Vai ne me Seputy Click of Court 46 FICE PM . FICE '61 Van Van W. MRS GLADYS FACIANE VS. | THE TRAVELERS INSURANCE COMPANY 77.004 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Keasby & Mattison Company a corporation domiciled at Ambler Pennsylvania doing business in the State of Louisiana REETING original and supplemental . and amended hereby - You ate summoned to comply with the demand contained in petition of the . plaintiff in this: above entitled and numbered cause a duty certified copies copies which arehereto attached and to be herewith served or file your answer or other pleading in the office of the . - Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 23rd day of March 19_51 19_51 ~ 11th Mene Deputy Clerk of Said Court antag: card ) 9 Sheriff E & Farish of Teans es New Orleans Louisiana SUBJECT AND FILE_ No. 77.004 eee r a s cet ar ee me ee ee NOTE { FROM Xu PERRY M. JOHNSON CLERK OF THE NINETEENTH JUDICIAL DISTRICT COURT O. BOX 1548 TATON DCUSE LOUISIANA MESSAGE SECTION We are enclosing herein copies of petitions above numbered Mattison March 23 19_61 and citation in the its agents Phelps Dunber Marks & Claverie 420 Hibernia Bld New Orleans Please make your return on the duplicate citation enclosed and send your bill for service Dy Clerk of Court REPLY SECTION 1919 FORA tet} Keachtihng e RECIPIENT KEEP WHITE COPY ANSWER ON PINE COPT SENDER SNAF OUT YELLOW COPY ONLY SEND WHITE AND PINK COPIES WITH CARBON  J. BLANC MONROE ^ O M. 1600 MONTE LEMANN 686-19301 JR^ ^ URJR^ ^ UMR^ N~DE MALCOLM L. MON 408 WALT SUE THR ON UN J. THOMAS . LEMANN J. MAY F SULAWAN D. DOUGLAS HOWAR^ MELVIN 1. SCHWA Timan ANDREW fiCARTER MALTER J.SUTHON J.SUTHON I MGEL RAFFERT BLEMAN RAFFERT STEPHEN BLEMAN LATER GENJ & JA KORA BROWN EUGENE G.VASGAR JOHN L. GLOVER * 77004 MONRO^ MONRO^ L^ MANN L^ MANN ATTORNEYS AND COUNSELLORS AT LAW WHITNEY BUILDING BUILDING NEW ORLEANS 12 = March 30 1961 ( CABCLAEBLE ABARCEL ABARCEL ABARCEL RONCAL 12,928 12,92812,928 3-1961 3-1961 apr Hon Perry M. Johnson Clerk of Court 19th Judicial District Court Parish of East Baton Rouge Baton Rouge Louisiana Dear Mr. Johnson RE Mrs. Gladys Faciane T. ; The Travelers Insurance Company No. 77,004 Division " 19th Judicial District Court of East Baton Rouge La We enclose herewith a motion and order for an extension of time in which to plead We would appreciate your filing and order and presenting the order to the Court for In addition we would appreciate your furnishing us the motion signing with me signed certified copy of the motion and order after the order is by the Court Thanking you for your cooperation in this matter Very truly yours Tete? ~ MLM encl CERTIFICATE CERTIFICATE I hereby certify that a copy of the above and foregoing Potion has been served upon H. Alva Brumfield Esq 205 American Bank Building Baton Rouge Louisiana attorney for plaintiff by depositing the same in the United States mail on this day of 1961 UNITED STATES DISTRICT COURT FOR THE - EASTERN DISTRICT OF LOUISIANA BATON ROUGE DIVISION MRS GLADYS FACIANE Plaintiff VS : y CIVIL ACTION TRAVELERS TRAVELERS INSURANCE COMPANY : et al : Defendant ; : No. NOTICE OF FILING OF PETITION AND BOND To H. Alva Brumfield Attorney for Plaintiff Clerk 19th Judicial District State Louisiana Court for the Parish of East Baton Rouge Please take notice that on this petition day of April 1961 a petition for | removal of this cause from the 19th Judicial District Court for the Parish of East Baton Rouge State of Louisiana Louisiana together with bond required by statute to accompany said petition was filed in this Court A copy of said petition and bond is attached hereto and made a part hereof Dated 7 April 1961 CHAFFE MCCALL PHILLIPS BURKE & HOPKINS CLERK DURRETT HARDIN HUNTER DAMERON ; and FRITCHIE Attorneys for P. Lorillard Company Louisiana National Bank Building Baton Rouge Louisiana ATTORNEYS FOR PETITIONERS PIR APR Ruth 7 1961 f_ t t STATE OF LOUISIANA ) PARISH OF ORLEANS deposes Harry McCall Jr. being duly sworn and says defendant attorneys That he is one of the for in the entitled cause petitioner R. J. Reynolds Tobacco Company who is herein that he has read petitionand the foregoing true that he believes it to be that said petitioner is a and that affiant makes this affidavit for the reason that the ' foreign corporation who would ordinarily make this affidavit are absent from officers of petitioner of East Baton Rouge State of Louisiana in and residents of the Parish which said action is brought SUBSCRIBED AND BEFORE ME THIS OF APRIL 1961 Harry McCall Jr. SWORN TO DAY for Notary Publi~ STATE OF LOUISIANA PARISH OF EastEast BatonBaton Rouge Rouge duly Calvin Hardin being sworn deposes and says for defendant in the entitled That he is one of the attorneys cause herein that he has read the foregoing P. Lorillard Company who is petitioner petitioner foreign and that he believes it to be true that said petition is and that affiant makes this affidavit for the reason that the officers corporation who would ordinarily make this affidavit are absent from and nonof petitioner residents of the Parish of East Baton Rouge State of Louisiana in which said action is brought ah. bet} CL 7 Calvin Hardin SUBSCRIBED AND BEFORE THIS OF APRIL 1961 SWORN TO pag DAY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Removal and Notice of Filing of Petition and Bond have this day been served upon Mr. H. Alva Brumfield Attorney for Plaintiff 205 American Bank Building Court Baton Rouge Louisiana the Clerk of the 19th Judicial District ) Louisiana Leliveringbysmaamileing for the Parish of East Baton Rouge State of Louisiana same to their respective offices by first class mail properly addressed Baton New , Louisiana 7 April 1961 JibstL Harry McCall WA FILED # 4. PM 7 APR 7 1961 BY CLERK oWfit Count DEPUR C18r KRS GLADYS FACIANE | 13 NO 77,004 DIVISION 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE THE TRAVELERS INSURANCE COMPANY * **** HES STATE OF LOUISIANA * EH EAT * za aR DECLINATORY EXCEPTIONS NOW INTO COURT through undersigned counsel comes H. I. Thompson Fiber Class Company appearing herein solely for the purpose of raising declinatory exceptions and excepts to the petition of plaintiff Mrs. Gladys Faciano on the following grounds wit 1 That exceptor H. I. Thompson Fiber Glass Company is not doing business in the State of Louisiana has never done business in the State of Louisiana has no agents in the State of Louisiana has no sales representative nor any other representative in the State of Louisiana nor any employees in the State of Louisiana and therefore the pruported service of citation upon it through the Secretary of State in this case is insufficient and a nullity and accordingly exceptor specifically pleads the exception of insufficiency of citation . That for the same reasons and facts set forth hereinabove exceptor specifically pleads the axception of insufficiency of service of process serain 2 For the same reasons and facts as set forth in paragraph 1 heroinabove exceptor further pleads that this Honorable Court lacks jurisdiction over the person of the exceptor .. lack of jurisdiction rationae personae 4 That exceptor attaches hereto and makes a part hereof an affidavit executed by exceptor's President Wilbur Benke which sets forth the facts that exceptor has never done business in the State of Louisiana WHEREFORE WHEREFORE exceptor N. 1. Thompson Fiber Class Company prays that the citation issues herein as well as the service theroof by annullas and set aside and that these declinatory exceptions be maintained and that accordingly thane be judgment terein in favor of exceptor H. I. Thompson Fiber Glass Company ube and against the plaintiff krs Gladys Faciane dismissing the plaintiff's suit as to said H. I. Thompson Fiber Glass Company at plainte cost By Attorneys SEALE HAYES SMITH KENCH & FRANCI EX CERTIFICATE Baton Rouge Louisiana I hereby certify that a copy of the above and foregoing declinatory exceptions have this day been mailed postage prepaid to the following Charles W. Phillips 1100 La National Bank Building Baton Rouge La aztooney for Travelers Insurance Co Edward K. Gray 205 Roumain Building Daton Rouge La attorney for Aber Company Inc Mary Bird Ferkins 304 La National Bank Building Baton Rouge La attorney for B & B Engineering & Supply Co Frank S Craig & R. F. Cangelosi Jr. 801 Fidelity National Park Building Extor Rouge La attorneys for Corning Fiberglas Corp Aubrey HeCleary 201 Eaton Rouge Savings & Loan Building Baton Rouge Louisiana attorney for 1. 5 Rubber Co Maurice J. Wilson Fidelity National Bank Building Baton Rouge La attorney for Keasbey & Mattison Co David W. Robinson 137 St. Ferdinand St. attorney for Pittsburg Corning Corp- E. Leland Richardson 410 Reymond Bldg Baton Rouge Louisiana attomey for Hanville Sales Corp Emj R. Slater 1425 Whitney Bldg New Crieans ia attorney for Eagle Picher .; Paul 2 Deal 1836 National Bank of Commerce Bldg New Oricans La attorney for Baldwin Inc Calvin E. Hardin Jr. 408 12. National Bank Bldg Baton Rouge La attorney for E. J. Reynolds Tobacco Co and R. Leon Hebert 116 St. Louis St. Eaton Roue La attorney for H. li Kellogg Company Baton Rouge Louisiana April 19 1962 FILED APE 25 25 1952 . Sulli aki Suli aki < ce > oe, MRS GLADYS FACIAN~ . NUMBER 77,004 DIVISION " 19TH JUDICIAL DISTRICT COURT - VS. . . PARISH OF EAST BATON ROUGE tet va THE TRAVELERS INSURANCE COMPANY STATE OF LOUISIANA mes : Ie MOTION amb attorney On motion of H. Alva Brumfield tate for plaintiff herein mee Cem and on suggesting to the Court that the following named defendants . oe engaged in business activities in the State of Louisiana have failed ~ me! ; for to appoint an agent service of process as required by law Co. emr 1. Owens Fiberglass eee sO 2. The Ruberoid Company eee 3. Nicolet Industries Inc. 6 4 Glass Fibers Inc. 4 S. Keasby & Mattison Co. ; 6. Baldwin Inc. 7. Arrowhead Products Inc. 8. H. . Thompson Fiberglass Co. And on further suggesting to the Court that the Sheriff of companies East Baton Rouge Parish has been unable to serve sald with . e ; copies of the petition filed herein me ah NOW THEREFORE mover prays that an order issue herein directing em companies caren the Sheriff of East Baton Rouge Parish to serve the above named ots j through Hon Wade 0. Martin Jr. Secretary of State of the State of me My 2d * Louisiana By Attorney * 5 Lialmer AFR Lialmer me -- OF COMAY DY CLERK LAW OFFICES OF DUBRETT HArd~-nHunter Damebos & Fritcinte LOUISIANA NATIONAL BANK BUILDING DATON Rovoz 2 LouiSIAYA April 7 1561 ( : BEAT OUAREOUARE CALVIN HARDIN UR | WILLAGE & #LAYER RLES ZAHERON ZAHERON MODERN MODERN SITCHE SITCHE kon Perry .. Johnson of Clek Ort District Jourt Parish wi East Court House Eaton zuilding zuilding Rouge sabun longa Lumisiana Dear ..r Jahnsin In Ret rs Gladys Facianc vs. This Travelers Insurance Company at als - Dociet wee 77,064 77,064 15th Judicial District Court East Eaton Rouge Parish Louisiana Please take J. Juopany the Corfilard lade defendants in numbered defendants adove antile suit a supplemental ended petition filed 7thday 1966 Karch 15 1966 have wa the of acril 1961 filed the District Court of the United States Eastern District or Louisiana the Louisiana Faton Rouge Division their petition and bund for the above entitled and misered misered action a copy of mich petition and bond being enclosed and served herewit for filin with yum in confomity with follows reading reading as follows Title 25 9.5 Gu^-a Section Prupzig after the Min of suen petition and cind the defendsat or defendants shall give written native thereof saali native to all adverse parties anu cupy of the petition with the Olura of sued State Just which shall effect the revel and State the Sort allproceed ac fartner unless 50s esse iu rezanj~ d oi ow ae i we i } | Va CERTIFICATE I certify that a copy of the above and foregoing exception has this day been served on Mr. H. Alva Brumfield counsel for plaintiffs by mailing same- to him at his office 205 American Bank Building Baton Rouge Louisiana by U. S. Mail postage prepaid Baton Rouge Louisiana this 14 __ day of April 1962 : Jackin oy x e, Jackin e sige web 6S; FANE MS Charles Wa Roberts i seamn re EN ay 0 a = wens atturley atturley fr . nardin C. 106 L. i buuje iubi iubi , -- us chats Warty dr g Attorneys Attorneys 1500 National want in New New on vrisans vrisans vrisans vrisans 12 Lodsian Lodsian Lodsian 12 Lodsian Lodsian ; d pr pr d 3. deg AS wo pr MRS GLADYS FACIAME VERSUS | THE TRAVELERS INSURANCE COMPANY FILE abril 3 1961 ose NUMBER 77,004 DIVISION C to ee 19TH JUDICIAL DISTRICT COURT oo PARISH EAST OP OF BATON ROUGE te FO OF Fe F.F. Oe DH F. jener #48 eee Clerk oe ewe ' o ' BF HF Se He Oe He Oe. On motion of The Picher Company named defendant herein appearing herein through undersigned counsel solely for the purposes of this Motion and on suggesting to the Court that the delays for answering the petition and supplemental and amended petition filed herein by plaintiff will expire on or about April 7 1961 and that de- fendant needa an additional thirty 30 days to enable defendant to properly investigate the matters alleged in the petition and supplemental and amended petition in order to prepare and file proper defensive pleadings herein IT IS ORDERED by the Court that defendant The Picher Company be and it is hereby granted an additional thirty 30 days in which to plead to the petition and supplemental and amended petition filed herein Baton Rouge Louisiana this _ day of April 1961 iN MONROE & 15MANN M.C.C_L M.C.C_L M.C.C_L Malcolm L. Monroe wat Benj.R. Slater 1424 Whitney Building New Orleans Louisiana Attorneys for defendant The Picher Company wer WW . .... /.... / .../ dudiaOlL NOVAL BOND T. 3. District Court 49 ' os IN THE DISTRICT COURT OF THE UNITED STATES ASTEEN FOR THE |. ASTEEN DISTRICT OF MILJANA - BATON ROUGE DIVISION CIVIL ACTION NO AHL CLADYS FACIAMz . Plaintif , > versus TRAVELLUS TRAVELLUS DESURANCZ COMP " Defendant REMOTAL BOND KNOW ALL MEN BY THESE PRESENTS That we tha L REYNOLDS REYNOLDS TOBACCO COMFANY cond KABILAND CORYANT principal as principal and the UNITED STATES FIDELITY AND GUARANTY COMPANY a corporation of the State of Maryland having an office and usual place of business at 80GUARNTY COMPANY COMPANY corporation State of ~anbeiaas , as Surety are held and firmly bound unto Afs Gbay act as - in the sum of "iv Thuna dred and "iva 200 it} Cu ) lawful money of the United States of America unto the said ^raLindyn 2 enanaet,e 190 truly = -erre~errenon= Dollars be for which payment well and truly to for made heirs representatives successors and assigns we bind ourselves our and each of our heirs representatives successors and assigns jointly and severally firmly by these presents THE CONDITION OF THE ABOVE BOND IS AS FOLLOWS WHEREAS the above bounden C 2. koyma^ u^ QU ENOoCampany suna d'a rihard ~SStS* has filed a petition in the District Court of the United States for the District of petition certain said Court of removal said said Court of wherein ati. (maya~ Cause is., omes DOSE 00St4ate of now pending the 44% JudicisiDivisipp Jor L^,rdefendant is plaintiff and said i. i Ccyeaids Tabaco Tabacco Company ma P. ; is defendant # NOW the said +* Uereetde Tebecce Vompeny and P. Lori~ kr^Company shall properly and enter into the said District Court of the United States for the :fbtet legally District of Division of the within twenty 20 days after commencement the action or service of process whicheveris later and shall comply with the provisions of Section 1446. Title 28 United States Code Annotated as amended and shall pay all costs that may be awarded if it shall be held that said suit was wrongfully or improperly removed or that said suit was not properly removed then this obligation shall be void otherwise to remain ^finfull force and effect IN WITNESS WHEREOF we have hereunto set our hands and seals this 245 of April 19 4 J. Atyanids Tobacco Cangany ; furry deCall Jr. day SEAL UNITED STATES FIDELITY AND GUARANTY COMPANY / Herzaru By Too / stant ea we ene as reicf at, -- ORE mn POWER OF ATTORNEY Standard Accident Insurance Company DETROIT DETROIT MICHIGAN KNOW ALL MEN BY THESE PRESENTS That the STANDARD ACCIDENT INSURANCE COM- PANY by P. HACHER its President in pursuancoef authority granted by Section 10A of the Laws of said Company which reads as follows The President or any President shall have power and authority to resident Presidents resident Amutant appoint Secretaries and Attomeys and to suthorize them to execute on behalf of the Company and attach the Seal of the Comproy of the nature thereto bonds and undertakings recognizances contracts indemnity and other writings obligatory in thereof appoint Matt G. Smith and W. L. Nay does hereby nominate constitute and of Baton Rouge State of Louisiana both of the City its true and lawful agent and attorney to make execute seal and deliver for and its behalf and as Its act and deed any and all bonds and undertakings except bonds guaranteeing the payment of principal and interest of notes mortgage bonds and mortgages ^finpenalties not exceeding One Hundred Thousand - 100,000.00 100,000.00 - ) Dollars each in ita business of guaranteeing the fidelity of persons holding places of public or private trust and in the performance of contracts other than insurance policies and executing and guarantee- ing bonds or other undertakings not exceeding One Hundred Thousand - - - 3100,000.00 - afor eace h as s aa fori esad id required or permittineadll procorepe rod ceeidinnggs sor by law required or permitted All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by either of the said Matt G. Smith or W. L. May individually as occasion may require : , the And the execution of such bonds or undertakings in pursuance of these presents shall be as binding upon said Company as fully and amply to all intents and Purposes as if they had been duly executed and acknowledged State by the regularly elected officers of the Company at its office in Detroit persons of Michigan in their own proper IN WITNESS WHEREOF the said STANDARD ACCIDENT INSURANCE COMPANY has caused these presents to be signed by its President and its Corporate Seal to be affixed thereto this 3rd _day of MAFC 1953 Standard Accident Insurance Company COMPANY COMPANY SEAL STATE OF MICHIGAN by L. P. HACKER President COUNTY OF WAYNE 3rd of March Ou this _day D. 19.53 .ne the subscriber a Notary Public of the State of Michigan in and for the County of Wayne duly commissioned and qualified care J. F. HACKER President of the STANDARD ACCIDENT INSURANCE personally individual described who the Company known duly COMPANY me to o~ ncer and and by me the and that be officer of the said and that the seal affixedofto thenparemcee adnidng ibenisntgrumemnet is worn deposeth and smith that is officerof the Company afore- Corporate Seal of said Company and the said Corporate Seal and his signature of officer was duly affixed and subscribed to the raid instrument by the authority and direction of the said Corporation and in that Section 10A of the by lams of said Company referred to the WHEREOF bereunto my hand andaffixed have set yearIN TESTIMONYwritten preceding instrument is now in force my Official Seal the City Detroit the day and NOTARIAL SEAL MARION MAYKUTH My Commission Expires Nov. 12 1956 Notary Publie of 1 an Amistant Secretary the STANDARD ACCIDENT INSURANCE COMPANY do bereby bereby sertifysertify that the foregoing foregoing Power of Attorney is a true and correct copy of the original and is still in full force and effect set In Testimony Whereof I have hereunto my hand and affued the meal of STANDARD ACCIDENT INSURANCE COM- PANY this df : day of Apail 19 19 4 59-452 Form BB Ed 7.50 15M ran, Se ae W J. MICHOLS 9 y Amistant GetMary St FOR THE EASTERN DISTRICT OF LOUISIANA RATON ROUCE DIVISION veraua Plaintiff ) } } TRAVELERS INSURANCE COMPANY } et al Defendant } REMOVAL BOND KNOW ALL MEN BY THESE PRESENTS That ve U. 5. Rubber Company as principal and the STANDARD ACCIDENT INSURANCE COMPANY a corporation of the State of Michigan having an office and usual place of business at Detroit Michigan State of Michigan as in Surety are are held the penal sum of and - firmly bound unto ---------- Gladys Faciane Hundred Fifty and - maD ha ollars 250.00 lawful money of the United States of America for which payment well and truly to be made unto the said Mrs. Gladys Faciane her heirs representatives successors and assigns we bind ourselves our and each of our heirs representatives SUCCESBOTS And assigns jointly and severally firmly by these presents THE CONDITION OF THE ABOVE BOND IS AS FOLLOWS WHEREAS the above bounden U. S. Rubber Company has filed a petition in the District Court of the United States for the Eastern District of Louisiana Baton Rouge Division for removal to said Court of a certain Cause No. 77,004 now pending in the 19th Judicial District Court of East Baton Rouge Parish State of Louisiana wherein Mrs. Gladys Faciane is plaintiff and said U. S. Rubber Company is defendant NOW if the said U. S. Rubber Company shall properly and legally enter into the said District Court of the United States for the Eastern District of Louisiana Baton Rouge Division within twenty 20 days after commencement of the action or service of process whichever is later and shall comply with the provisions of Section 1446 be if it shall be held that said Title 28 United States Code Annotated as amended and shall pay all costs that may awarded suit was wrongfully or improperly removed or that wise to said suit remain in was not properly removed full force and effect then this obligation shall be void other- IN WITNESS WHEREOF we have hereunto set our hands and seals this 11th ~ ay of April 1961 U. S. COMPANY MRS CLADYS FACIANE fs NUMBER 77,004 DIVISION VERSUS : TRAVELERS INSURANCE CO ET AL ve 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE | STATE OF LOUISIANA Pre br s + parr &@ ' + @ tire @ * 4 rrsr $ # & rrr rssr ' ' pe str ew gp eh ee we ter ttesatre: MOTION FOR SUMMARY JOCHENT Now into Court through his undersigned counsel comes B & B Engineering and Supply Company Inc. made defendant in the above captioned matter and respectfully represents that 1 Plaintiff in paragraph six and prayer of her Supplemental and Amended Petition filed on the 15th day of March 1961 and in her citation cites as defendant in this suit the & B Engineering and Supply Company Inc. a corporation organized and existing under the laws of the State of Texas domiciled at Houston Texas authorized to do business in the State of Louisiana by baving filed the proper credantials with the Secre- tary of State and having appointed the C. T. Corporation System 420 Hibernia Bank Building New Orleans Louisiana as its agent for service of process ; 2 employer Plaintiff's demands against your defendant consists of an action in tort in her behalf against her deceased husband's former employer and in the alternative an action for Workman's Compensation in her behalf against her deceased husband's former 3 and Your defendant shows by the attached supporting affidavit that it has never employed plaintiff's husband Clarence A. Faciane therefore your defendant and mover is without liability for plaintiff's demands &, Your defendant further alleges that the pleadings and the attached affidavit h^,rein shows there is no genuine issue as to material fact and that your defendant is antitled to judgment as a matter of law WHEREFORE defendant prays that the plaintiff herein be ordered to appear and show cause why a summary judgment in favor of defendant dismissing plaintiff's demand against your defendant and mover should not be granted and that after due proceedings had there be judgment herein dismissing plaintiff's in favor of defendant and mover and for all general and equitable relief plaintiff's suit at her cost lich Sadwalader Sadwallader Sadwallader ATTORNEY of lich of RICHARD SIMONEA CADWALLADER FRANK P. LIE 1004 Louisiana National Bank Building Baton Rouge Louisiana . wag! UNITED STATES DISTRICT COU FOR R TT HE LOUISIANA a EASTERN DISTRICT OF BATON ROUGE DIVISION MRS GLADYS FACIAME Plaintiff TB TRAVELERS et al INSURANCE COMPANY Defendant 8 . : oe oe ae CIVIL ACTION 0.77004 0.704 0.77004 0.77004 NOTICE OF FILING OF PETITION AND BOND TO H. Alva Brumfield Attorney for Plaintiff Chaffe McCall Phillips Burke & Hopkins Attorneys for R. J. Reynolds Tobacco Company and Durrett Hardin Hunter Dameron and Pritchie Attorneys for P. Lorillard Company Please take notice that on this 11th day of April 1961 a petition for removal of this cause from the 19th Judicial District Court for the Parish of East Baton Rouge State of Louisiana together with bond required by statute to accompany said petition was filed in this Court A copy of said petition and bond is attached hereto and made a part hereof Dated 11 April 1961 SANDERS MILLER DOWNING RUBIN & KEAN LoS. p Rubber ~ By Attorneys for S. Rubber Company 201 Baton Rouge Savings & Loan Building Post Office Box 1588 Baton Rouge Louisiana . UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA BATON ROUHE DIVISION MRS GLADYS FACIANE Plaintiff 4 oe V6 be ne TRAVELERS INSURANCE COMPARI ek et al Oe Defendants an CIVIL ACTION No. PETITION FOR REMOVAL OF ABOVE EXTITLED CAUSE TO THE UNITED STATES DISTRICT COURT POR THE EASTERN DISTRICT OF LOUISIANA BATON ROUGE DIVISION PROM THE NINETEENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA U. S. Rubber Company petitioner one of the defendants in the above captioned ault shows 1 A civil action has been and commenced is now pendinign the 19th " | Judicial District Court for the Parish of East Baton Rouge State of Louisiana wherein Mrs. Gladys Faciane is plaintiff and petitioner is a defendant along with numerous other defendants which action is designated by general number 77,004 and is hereinafter sometimes referred to as said action No. 77,004 77,004 The claim or cause of action which plaintiff asserts against defendant U. S. Rubber Company is entirely separate and independent either from plaintiff's claims or causes of action against all of the other defendants in this action or in any event from plaintiff's claims or causes of action against those defendants set forth in paragraph 36 of the supplemental and amended petition filed in said . action No. 77,004 3 Petitioner seeks removal of said action No. 77,004 to this Court on the ground and for the reason that this action insofar as it concerns petitioner involves a separate and independent claim or cause of action or separate and independent claims or causes of action which are wholly between citizens of different states in that Mrs. Gladys Faciane plaintiff according to her c o complaint jane at the citizen Louisiana time of the residing in commencement of said action and still is a East Baton Rouge Parish of the said State and that petitioner U. S. Rubber Company defendant in said action was at the time of commencement thereof and still is a corporation incorporated under the laws of the State of New Jersey with its principal place of business outside of the State of Louisiana thus petitioner vas at said time and still is a citizen of the State of New Jersey and not of the State of Louisiana 4 The matter in controversy in said action No. 77,004 insofar as it _ concerns petitioner at the commencement of said action and at the present time exceeds the sun or value of Ten Thousand Dollars 10,000.00 exclusive of . interest and costs 5 Said action No. 77,00h was commenced on the 6th day of August 1960 ' but petitioner was not then named as a defendant being made defendant therein by supplemental and amended petition filed on the 15th day of March 1961 with process therein being served on petitioner on the 23rd day of March 1961 6 Petitioner herewith presents a good and sufficient bond as provided by statute conditioned that petitioners will pay all costs and disbursements incurred by reason of the removal proceedings should it be determined that the case was not removable or was improperly removed 7 Petitioner files herewith a copy of all process pleadings and orders served upon it in said action No. 77,004 . SANDERS MILLER DOWNING RUBIN & KEAN Attorneys for (ls - By Attorneys for U. 5. Rubber Company 201 Baton Rouge Savings & Loan Building Post Office Box 1588 Baton Rouge Louisiana c MALCOLM L. MONROE JA WALTER J. SUTHOR HOMAS HOMAS S. LEMAN MAY S ulliam R. O DOUGLAS MOWANO MELVIN 1. SCHWARTIMAN SCHWARTIMAN SCHWARTIMAN ANDREW CARTEA WALTEA JA SUTHON JEN WALTEA PEAT MEL MEL & PEAPT EAT STEPHEN L L MAMM MAMM L MAMM SEHJ A SLAYER JD JERAT A. SP~ EUGENE ~ TADGABY JOHN 4 ^ LDVER^ LDVER MENGAT JU JA HARV~ T NAJ MATMAN JR C MONROE & Lemann ATTORNEYS AND COUNSELLORS AT LAW WHITNEY WHITNEY BUILDING BUILDING NEW ORLEANS 12 March 23 1962 BLANC MONROE MONROE 1680 960 MONTE MILEMANN 1884--650 J. TABUNG MONROE 903 965 903 965 COULE O RONCAL File 12,982 Hon Perry M. Johnson Clerk of Court : : ; 19th Judicial District Court Parish of East Baton Rouge ; Baton Rouge Louisiana Re Mrs. Gladys Faciane v The Travelers Insurance Company No. 77,004 Division CH 19th Judicial District Court Parish of East Baton Rouge La Dear Mr. Johnson We are informed that the above captioned matter which had been removed to the United States District Court Eastern District of Louisiana Baton Rouge Division has been remanded to the 19th Judicial District Court for the Parish of East Baton Roube by order entered on March 15 1962 We had been granted an order extending our time to plead by the United States District Court but in onder to remove any doubt concerning the date on which pleadings must be filed we have prepared and enclose herewith a motion and order extending our time to plead through April 23 1962. We would appreciate your filing the motion and order and presenting the order to Court for signing In addition we would appreciate your furnishing us with one certified copy of the motion and order after the order is signed by the Court Thank you for cour cooperation in this matter a BRS Enclosure | i C | PARISH OF EAST BATON ROUGE R. Gordon Kean Jr. being duly sworn deposes and says That he is one of the attorneys for defendant in the above entitled cause U. S. Rubber Company who is petitioner herein that he has read the foregoing petition and that he believes it to be true that said petitioner is a foreigh corporation and that affiant makes this affidavit for the reason that the officers of petitioner who would ordinarily make this affidavit are absent from and residents of the Parish of East Baton Rouge State of Louisiana in which said action is brought R RL. .p.GGoorrdodnon Kean= Kean Jr. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Removal and Notice of Filing of Petition and Bond have this day been served upon H. Alva Brumfield Attorney for Plaintiff 205 American Bank Building Baton Rouge Louisiana and all other parties and the Clerk of the 19th Judicial District Court for the Parish of East Baton Rouge State of Louisiana by delivering same or mailing same to their respective offices by first class mail properly addressed Baton Rouge Louisiana 11 April 1961 Gordon LhesacS) ~ Gordon Kean Jf. DEPUTY CLERK if ' an KAS GLADYS FACIANE e VERSUS THE TRAVELERS INSURANCE COMPANT NUMBER 77,004 DIVISION C 19TH JUDICIAL DISTRICT COURT PARISOHF EAST BATON ROUGE STATE OF LOUISIANA SUPPLEMENTAL AND AMENDED PETITION NOW INTO COURT comes Mrs Gladys Faciane plaintiff in the above entitled and numbered cause and with respect shows that she desires to supplement and amend her original petition filed herein| in the following particulars to wit i. ized and That Union Asbestos and Rubber Company is a corporation existing under the laws of the State of Illinois being organ . domiciled at 1111 West Perry Street in Bloomington Illinois therein actually doing business in the State of Louisiana but having failetdo appoint an agent for service of process 2 Your petitioners now show that the death of the said Clarence A. Faciane was further caused by the negligence of the defend- ants Manville Sales Corporation Manville Products Corporation Owens Corning Fiberglass Corporation Ruberoid Company U.S. Rubber Company Philip Carey Manufacturing Company Mundet Cork Corporation Nicolet Industries Inc. Glass Fibers Inc. Keesby & Mattison Company Baldwin Inc. Eagle Picher Company Inc. Arrowhead Products Inc. H. I. Thoupson Fiber Glass Company Pittsburg Corning Corporation and Union Abestos and Rubber Company in failing to warn the decedent of the dangers inherent in the products manufactured by them and used on the jobs by the decedent in assuring the seid Clarence A. Faciane that there were no dangers inherent in said products in manufacturing the said products with the use of dangerous and defect ive materials and in warranting the said products were without defects or vices a a we 3 Petitioners now show that they reiterate each and every allegation of the original petition filed herein except as amended herein WHEREFORE petitioners pray that this supplemental and amended petition be filed and allowed and that there be service and citation| according to law and after all legal delays and due proceedings bad that there be judgment herein in favor of petitioner Mrs. Gladys Paciane and against the defendents B. & B.Engineering & Supply Aber Company Inc. M. W. Kellog Company Armstrong Contracting & & Company Supply Corporation Travelers Insurance Company Manville Sales Corporation " John Mansville Products Corporation Owens Corning Fiberglass Corporation Ruberoid Company U.S. Rubber Company Philip Carey Manufacturing Con- pany Mundet Cork Keasly & Mattison Corporation Nicolet Industries Inc. Glass Fibers Inc. Company Baldwin Inc. Eagle Picher Com- pany Inc. Arrowhead Products Inc. H. I. Thompson Fiberglass Company Pittsburg Corning Corporation R. J. Reynolds Tobacco ".Lorillard & Company and Union Asbestos and Rubber Company in solido in the full sum of 204,832.41 and in favor of petitioner Mrs. Gladys Faciane on behalf of the minor Catherine Jean Faciane and against the defendanta in solido in the full sum of 51,000.00 and in favor of petitioner Gary Phillip Faciane and against defendants in solidion the full sum of 45,000.00 together with legal interest on each of said amounts from judicial demand until paid In the alternative and in the event that petitioners are not entitled to damages as herein prayed for then and in that event petitioner Mrs. Gladys Faciane Individually and for the use and benefit of the minors Catherine Jean Faciane and Ronald Markel Faciane prays that there be judgment herein in her favor and against the defendants Aber Company Inc. M. W. Kellogg & CompanyB & B Engineering Engineering & Supply Company Armstrong Contracting & Supply Corporation and Travelers Insur- $ 4a) ande Company in solido for Workmen's Compensation Benefits at the rate of 35.00 per week beginning Merch 20 1960 and continuing weekly thereafter for a period of 400 weeks together with legal interest on each past due installment from its maturity date until paid and for funeral expenses in the sum of 600.00 together with legal interest thereon from judicial demand until paid Petitioners further pray for all costs all necessary orders general and equitable relief By Attorneys H. ALVA BRUMFIELD ROBERT E. BURNER BY SH American American I Building Baton Rouge Louisiana 1 ery Nes ag CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing answers have this day been mailed properly address and postage prepaid to C. W. Phillips Esq Ed Gray Esq Frank S. Craig Jr. Esq Gordon Kean Jr. Esq Joseph Keogh Esq Maurice J. Wilson Esq A. Leon Hebert Esq Richard C. Cadwallader Esq David W. Robinson Esq E. Leland Richardson Esq Benjamin R. Slater Jr. Esq Harry McCall Jr. Esq Carl J. Schumacher Jr. Esq Charles William Roberta Esq Calvin E. Hardin Esq and Arrow Head Products Inc. attorneys of record berein Baton Rouge Louisiana this 19th day of April 1962 : f 7 0) may may15 vw ley. re 7s a of DISTRICT he see UNITEN STAI^ S 4 EASTERN DISTRICT OF LOUIST^ NA BATON ROUGE DIVISION } MINUTE ENTRY APRIL 30 1962 WEST J. solar . c MRS GLADYS FACIANE : - VERSUS 2 TRAVELERS INSURANCE CO ET AL se tee ees 4 I In order for one of several defendants to be able to remoAE Ania eae staim or cause of action which would be remoopivnaibolne Cuouprt 4th other removable claims It is the . aded dae if aded of this alons" oat SSE at4K m0. 2 3 + citizen and resident of Louisiana is joined as a defendant in the tort seti S n well as in the alternative claim for workman's compensation Since Louisiana tort the plaintiff has a right under Law to sue his employer in and alternatively in werkman's compensation such an alternative plea cannotbe said to be a a -:made for the purpose of defeating jurisdiction in the Federal Court _ buthern Kraft Corp. 183 So. 135 we 1 DISTRICT GLADYS FACIANE VERSUS THE TRAVELERS INSURANCE COMPANY ET AL FILED March 26 .1962 : NUMBER 77,004 DIVISION C : 19TH JUDICIAL DISTRICT COURT ; PARISH OF EAST BATON ROUGE STATE OF LOUISIANA =: Deputy Clerk ORDER It is ordered by the Court that defendant Picher Company is hereby granted an extension of time in which to plead through April 23 1962 Baton Rouge Louisiana March 26th 26th 1962 rT ft eos : CERTIFIED TRUE COPY COPY | CERTIFICATE I hereby certify that copies of the above and foregoing motion have been served upon each of the following persons H. Alva Brumfield Esq 205 American Bank Building Baton Rouge Louisiana attorney for plaintiff Harry McCall Jr. Esq 1500 National Bank of Commerce Building New Orleans Louisiana and Calvin E. Hardin Jr. Esq Louisiana National Bank Building Baton Rouge Louisiana attorneys for defendants R. J. Reynolds Tobacco Company and P. Lorillard Company by depositing same in the United States mail New Orleans Louisiana March 23 1962 =] Benj R. Slater " an -T _ NAR 20 _Butte _Butte _Butte MAFCURT _Butte _Butte _Butte MAFCURT _Butte _Butte 41. MAFCURT >. v CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing answers have this day been mailed properly addressed and postage prepaid to H. Alva Brumfield Esq R. Gordon Kean Jr. Esq C. W. Phillips Esq Joseph P. Keogh Esq M. J. Wilson Esq FranSk. Craig Esq Jr. Esq and Calvin Edward W. Gray E. Hardin Jr. Esq Esq Benjamin R. Slater attorneys of record herein New Orleans Louisiana April 1962 RY 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DIVISION C a MRS GLADYS FACIANE V3 THE TRAVELERS INSURANCE COMPANY ET AL a DOCKET NO 77,004 77,004 DILATORY EXCEPTION TO THE HONORABLE THE NINETEENTH JUDICIAL DISTRICT COURT WITHIN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Now into court through undersigned counsel comes U. S. Rubber Company purportedly made defendant in the above numbered and entitled cause appearing herein for the sole and only purpose of excepting to the supple- mental and amended petition of plaintiff and as grounds for such dilatory exception specifies the following That exceptor cannot safely plead to plaintiff's petition because the petition is too vague general and indefinite in the following parti- culars 1 Paragraph 37 of the supplemental and amended petition alleges that | U. 3. Rubber Company among other manufacturing concerns was allegedly negligent in certain respects with regard to products allegedly manufactured by U. S. Rubber Company and used on certain jobs by the decedent the petition however does not allege or specifically designate the products allegedly manufactured by U. S. Rubber and used on the jobs by the decedent nor does the petition specify which of the decedent's employers purchased and used products allegedly manufactured by U. S. Rubber Company nor does the petition all^ge in what respects the alleged products were inherently dangerous or if not inherently dangerous in what respects the alleged products were defectively manufactured WHEREFORE exceptor prays that this exception be maintained and that accordingly plaintiff be ordered to amend her petition by particu- larizing the vague general and indefinite allegations indicated above x - that in default of such amendment within a reasonabl delay to be fixed by this Court plaintiff's petition be dismissed as to exceptor at her costs and for all such additional relief as law equity and the nature of . | the case may permit By Attorneys Riihiang R. Cordon Keah Jr. of SANDERS MILLER DOWNING Post Office Box 1588 Baton Rouge Louisiana RUBIN & KEAN CERTIFICATE I certify that a copy of the above and foregoing dilatory exception has been served upon Mr. H. Alva Brumfield attorney of record for plaintiff herein by mailing same to him at his office 205 American Bank Building Baton Rouge Louisiana by U. S. Mail postage prepaid Baton Rouge Louisiana this 10th day of April 1962 + FURD APR 11 11 1962 R. Gordon Kean #r. ; MINUTE ENTRY FEBRUARY 26 1962 WEST J. MRS GLADYS FACIANE VERSUS . ; TRAVELERS INSURANCE CO ET AL NC 2452 - CIVIL ACTION JATON ROUGE DIVISION eoenvpae van ane 6 This matter came on for hearing at former day on a motion of the plaintiff to remand this case to the Nineteenth Judicial District Court in and for the Parish of East Eaton Rouge State of Louisiana After hearing argument of counsel for the respective parties and after receiving briefs from the respective parties the matter was submitted when the Court took Ame to consider Now after dus consideration thereof IT IS CADEAED by the Court that the motion filed by the plaintiff to remand this case to the Nineteenth Judicial District Court for the Parish of East Baton Rouge State of Louisiana be and the same is hereby GRANTED tai stm n ait l dhe tte y te bind CURIAM In order for one of several defendants to be able to remove a claim against such defendant to the Federal Court there must be a separate and independent claim or cause of action which would be removable if sued upon alone joined with other removable claims It is the opinion of this Court thatno such separats and independent claim or cause of action exists hare American Fire & Casualty Co. v Finn S. St. 534 341 6. Edwards E. I. duPont daNemours & Co. 183 F. 2d 165 Kolb v Prudential Insurance Co. of America 170 F. Supp 97 Butler Manufacturing Co. v Wallace & Tierman Sales Corp. 82 F. Supp 635 Mrs. Gladys faciane et al =) NO 77,004 DIVISION C > .t- 19TH JUDICIAL DISTRICT COURT V. The Trovelers Insurance Co. etal 7 PARISH OF EAST BATON ROUGE STATE OF LOUISIANA _ The undersigned moves that the above numbered and entitled cause be transferred out of Division C and reallotted to another " division of this court , t April 12th 2 1962 Defendant Intervener party Attorney Defendant for third Plaintiff - Defendant US Rubber The above numbered and entitled cause is transferred out | of Division C and reallotted to Division A of this Court april 12 196 Z. -- ARS GLADYS FACIANE VS. THE TRAVELERS COMPANY COMPANY INSURANCE A * MUMBER 77,094 DIVISION * * 19TH JUDICIAL ISI COURT * PARISH OF EAST BATON HOLGE * SPATE OF LOUISIANA EXCEPTIO DILATADY EXCEPTIO CH SIHALF OF PHILIP CAREY MANUFACTURING COMPANY COMPANY IC THE HOLORABLE NINETEENTH JUDICIAL LIST CHRT FOR THE FIRISH OF BALT BATCH 20UGE STALE OF LOLISIAKA SHILIP CAREY MANUFACTURING COMPANY purportedly made defendant in the above numbered and entitled cause appearing herein solely for the purposes of this exception excepts to all of the petitions filed nerem by plaintiff on the following brund wit - I- Plain's petition as suplemented an attended is so vale and ambiguous as exceptor cannot safely plead to it Faragraph thirty of cue original petition that the death of Clarence A. Faciano was fuster caused by the me ligancoef Philip Carey Manufacturing Company along with others 12 ection with products allegedly manufactured by Philip hufacturing Carey hufacturing hufacturing Company and used in jocs or icecent The petition fails to specify what product or products allegedly manufactured by Philip Cerey M_acturing Co.pany Co.pany were used nor does it specify the job or jobs on which Lush products were illegedly used or does it spzta union of 20 sille sille ed employers purchased and used sul prod.cs nor when til e took place nor in what respects said procucts were innere erous for in what respects the products were defective morts morts dangercus and defective materials materials were usea in the f^r 6. uch groquets . nor wherein such relucts VGPO janyerojuansyerous janyerous MHMAN Zvector prays that this Gelatory excection na zin- tained unu p^ 20 ird^red 15 2 her stition ly particularilli vse villus inu mabi quU vt vvi titioonnso svn tions s complain of , ae Y aya herein that in default of such amendment 2 reasonable delay to be fixed by this Court plaintiff's petition be dismissed as to exceptor all at plaintiff's costs By Attorneys SEALE SMITH & FRANKLIN Baton Rouge Louisiana Attorneys for Philip Carey Manufacturing Company 7024 7024 37 37 CERTIFICATE CECRERTIFICATETIFICCEARTIFICATETE CERTIFICATE + CERTIFICATE CERTIFICATE I certify that a copy of the foregoing exception has this day been served on S. Alva Brunfield Esquire attorney for plaintiff by placing same in the United States Mail postage prepaid and properly addressed to aim at his offices located at 205 American Bank Building Baton Rouge Louisiana further that a copy ofof said exception has this day teen mailed to all other counsel of record in this proceeding Baton Rouge Louisiana May 1.15th 1902 ------ F. Keoga (7 FILED MAY 15 1262 Fen MAY En En EEn nEn =~ * HRS GLADYS PAGIANR * PS _, e i Vv iG: oD NUDEER 77,006 DIVISION ace IT 1 19TH JUDICIAL DISTRICT COURT L OF PARISH EAST BATON ROUGE | THE TRAVELERS INSURANCIS COMPANY I LOUI OFSLOIUIASINANAA SEPIES CORNING FIBERGLAS CORPORATION Owens Corning Fiberglas Corporation purportedly made defendant in the above numbered and entitled matter appearing herein solely for tha purpoo f s the is exception excepts to all of the petitions filed herein by plaintiff on the following grounds 2 and plaintiff's The anbigmotnhsat exceptopretciatninoont as supplemuted safely plead to and it amended is so vague Art3i 7 oc f l the original petition alleges that the death of ClarencAe. Facianwaes : further caused by the negligence of Owens Corning Fiberglas Corporation | by Ovens Corning Fiberglas Corporation nor the jobs on which the products were allegedly used~fl nor which of decedent's alleged employers purchased and used the products allegedly manufactured by Owens Corning Fiberglas Corporation nor when said salos took place nor in what respects the producwterse inherently dangerouA bor in what respects the products vara defectively manufactured nor what dangerous and defective materials were used in the prolneta nor what dangers were inherent in the products t t WHEREFORE azcaptor prays that this dilatory estesption be sustained and plaintiff be ordered to amend her patition by the partionlarising vague | fixed and naisiguous allegations complained of berein that in default of such i amendment within a resemabile delay to be by this Court plaintiff's . petition be dismissed as to exceptor at plaintiff's costs Frank S. Craig dr of Kizer Heaton Criig & Cangelosi BOX Fidelity National Bank Building Baton Rouge Louisiana Attorneys for Owens Corning Fiberglas Corporation - Except.or CERTIFICATE I certify that a copy of the foregoing exception has beat served on Mr. H. Alva Brunfield attorney for plaintiff by mailing the same to Building Baton him at his office 205 American Bank postaga prepaid Rouge Louisiana Baton Rouge Louisiana this f _. day of Hay 1962 - THE TRAVELERS INSURANCE COMPANI . 19th Judicial District Court PARISH OF EAST BATON BOUGE STATE OF LOUISIANA Union isbestos and Rubber Companya corporation existing under the laws of the State of Illinois doing business in the State of Louisiana Louisiana Louisiana GREETING original and supplemental and amended You are hereby summoned to comply with the demcaondpiceosntaoifnedwhinicthhe Setitionthse are plaintiff in the shows entitled and numbered cause z duly car idedgyfrwichw^herein attached and to be herewith served or file your answer or other pleading in the office of the Clark of the 19th Judicial District Court for maid Pariah at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of inter of default judgment against you Hontho e Hr onoa rabb le l Jude ges of our said Court at Baton Rouge Louisiana this 15th of day May 13 62 Deputy Clerk of Said Court Pa ^' RS GLADYS FACIANE VS. THE TRAVELERS INSURANCE COMPANY 77.004 77.004 Judicial District 19th Judicial District Court- PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO_Union TO_Union Asbestos and Rubber Company & corporation existing under Illinois the laws of the State of Louisiana doing business in the State of GREETING original and supplemental and amended You are hereby summoned to comply with the demand contained in the petition the copies of which are plaintiff in the above entitled and numbered cause a duly certified buyag~-mhereto attached and to be herewith served or file your answer or other pleading in the office of the Clerk of the 19th Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you - Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this 15th day of _ Hay '62 '62 ibELA AM 03318995 ME 50 ME 10 cis, 031895 16 Mar BATCA , 62 sgd Nenie L. Palmer Deputy Clerk of Said Court A TRUE COPY 15th NeniLLeatalamas talmas 1962 Dy Clerk of Court : i 1 MRS GLADYS FACIANE VS. THE TRAVELERS INSURANCE COMPANY ET AL NUMBER 77,004 DIVISION A I 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE I STATE OF LOUISIANA _ JUDGMENT OF DISMISSAL AS TO . OWENS CORNING FIBERGLAS CORPORATION 4 On motion of Owens Corning Fiberglas Corporation and on showing to the Court that by judgment dated the 8th day of May 1962 the dilatory exception filed on behalf of Owens Corning Fiberglas Corporation was sustained and the plaintiff was ordered to amend her petitions on or | | before May 23 1962 in the particulars set out in the said judgment ' and on further showing to the Court that the plaintiff has failed to amend her petitions within the said period of time in any respect and the Court having satisfied itself that the plaintiff's petitions have not f been amended as ordered and the aforesaid judgment of May 8 1962 pro- vided that in default of such amendment within the delay provided the plaintiff's suit shall be dismissed as to Owens Corning Fiberglas Corpora- , tion at plaintiff's costs | | ; IT IS ORDERED ADJUDGED AND DECREED that the suit of Mrs. Gladys | ! Faciane individually and as duly qualified and acting natural tutrix of i the minors Catherine Jean Faciane and Ronald Markel Faciane be and the i +; same is hereby dismissed as to Owens Corning Fiberglas Corporation at plaintiff's costs i JUDGMENT RENDERED READ AND SIGNED in Open Court this 29 29 | day of May 1962 Kizer Heaton Craig 6 Cangelosi 801 Fidelity National Bank Building i Baton Rouge Louisiana Attorneys for Owens Corning Fiberglas Corporation . G a 18 18 Carpate 4 a = a 3s a 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUSE STATE OF LOUISIANA DIVISION A MRS GLADYS FACHANE VS. THE TRAVELERS INSURANCE COMPANY ET AL DOCKET NO 77,004 JUDGMENT OF DISMISSAL AS TO U. 5. RUBBER COMPATY U. Rubber On motion of 5. Rubber Company and on showing to the Court that by judgment dated the 2372 day of April 1962 the dilatory exception filed on behalf of U. S. Rubber Company was sustained and the plaintiff was ordered to amend her petition on or before May 1 1962 in the particulars set out in the said judgment and on further showing to the Court that the plaintiff has failed to amend her petition within the said period of time in any respect and the Court having satisfied itself that the plaintiff's petition has not been amended as ordered and an April * , 1962 provided that in default of the aforesaid judgment of such amendment within the delay provided the plaintiff's suit shall be dismissed as to U. S. Rubber Company at plaintiff's costs : IT IS ORDERED ADJUDGED AND DECREED that the suit of Mrs. Gladya Faciane individually and as duly qualified and acting natural tutrix of the minors Catherine Jean Faciane and Ronald Markel Faciane be and the same is hereby dismissed as to U. S. Rubber Company at plaintiff's costs JUDGMENT RENDERED READ AND SIGNED in Open Court this 29 day of June 1962 JUDGE 19TH JUDICIAL DISTRICT for mon .. for monmon 3. Gordon Kean Jr. f mr, ; a pee SANDERS MILLER DOWNING RUBIN & KEAN | O. Box 1528 Jston Rouge Louisiana CERTIFIED CERTIFIED Taqu~ rneysfor U. 2. Rubber Company ee le vrs = 5 _ 196. IanePia poeeseneeen Cot : ~- oy so te H. Brynnfield Gordon Kent . Alve Brynnfield Alve Brynnfield o 225,1902 25,190Gor2don SN G aren vw Deputy Cook at Court| A. DALLAM O'BRIEN JA CLERK UNITED STates DistRICT COURT EASTERN DISTRICT OF LOUISIANA OFFICE OF THE CLERK June June 19 1962 1962 1 1 ZIO POST OFFICE BUILDING NEW ORLEANS 12. LA Clerk Nineteenth Judicial District Parish of East Baton Rouge Baton Rouge Louisiana Court Dear Sir In re Mrs. Gladys Faciane versus Travelers Insurance Co. et al Civil Action No. 2453 Baton ^-ouge Division I am enclosing herewith a certified copy of an Order entered by this Court on April 30 1962 remanding the above- entitled case to your court Very truly yours a in CeaCeall la Jrl . a aag A. Jailan O'brien Jr. sf Clerk ley CERTIFICATE OF SERVICE I certify that I have mailed a copy of the above motion and the annexed order to Mr. H. Alva Brumfield 205 American Bank Baton Rouge 1 Louisiana Attorney of Record on December 5 1962 ORDER Lat Mrs. Gladys Faciane be and is hereby ordered to show cause on the motion day of December 1962 at 10 AM AM why the defendant's for summary judgment dismissing plaintiff's suit at her cost not be Dated This as prayed for herein Dei 5-1962 5-1962 5-1962 , 19th DISTRICT STATE OF TEXAS - SEFORE ME the undersigned authority duly commissioned and qualified within and for the State and County aforesaid personally came and appeared R. C. Abrahams Treasurer and duly authorized agent of " & 9 Engineering and Supply Company Inc. who being first duly | sworn deposed and said 1 That he is Treasurer of B & B Engineering and Supply Company Inc.; 2 That B & B Engineering and Supply Company Inc. is a corporation organized and existing under the laws of the State of Texas domiciled at Houston Texas authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed the C. T. Corporation Systen 420 Hibernia Building New Orleans Louisiana as its agents for ser- - defendant "y vice of process and that said corporation is named a in 4 paragraph six of Suit 77,004 Division C 19th Judicial District Court entitled Mrs. Gladys Faciane vs. The Travelers Insurance . Company et al 3 That he has examined the employment records of 3 & 3 Engineering and Supply Compnay Ins and said examination reveals that Clarence A. Faciane was never employed by said corporation . R. C. ABRAHAMS . SWORN TO AND SUBSCRIBED before me this 26 day of November November , 1962 TARY PUBLI Nt,  yaa * C { NOTICE OF ORDER OF JUDGMENT IN COMPLIANCE WITH LOUISIANA REVISED STATUTES OF 1954 09 3346 Re MRS GLADYS FACIANE : VS TRAVELERS INSURANCE CO No. 77,7,040770,0404 A Div 19th JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA T. FOR RECORD | GREETING . You are hereby notified that a decision was rendered and spread on the of minutes DivDiv__ A _A on the 17th day of December 1962 in the above entitled and numbered cause and the following is a true copy of the entry of said decision This matter came before the Court on a motion forsummary judgment filed by defendant B. & B. Engineering & Supply Company . The matter was argued by counsel and submitted to the Court Whereupon for oral reasons assigned the rule for summary judgment was sustained and there is judgment dismissing plaintiff's suit insofar as defendant B. & B. Engineering & Supply Company Oral decision ( ) Written decision a copy of which is enclosed herewith Thus done signed and mailed at Baton Rouge Louisiana on 17th day of FILED ; December ---- -- ---- 0 Deputy Clerk of Court 1962 ome sees 19TH 1199TTH H 19TH JUDICIAL DISTRICT COURT ee PARISH OF EAST DATCH ROVJE NR STATE INTERNA eT STATE OF OF INTERNA INTERNA INTERNA OS . . . . ....... . . U tes il =e i canze bate on on the eres cr Lorein 204 2 Invingering and Drupali SNe sidering the law and the At iT TO ORDERED DE SN Mary Mary at at les e be and is hereby granted and the plaintiff's suit fimisses granted set 86) fale) -ces ; I tm in open Court at Zaton Fere open vowmina _ovicians the 17th day of December 1962 wee 18 ee sied this day of December 1941 e em mie - te eee ----------,--,, ot ATS ee ee OS a er erent re een a Oe en am ap me tees rere lege wey ^ recember ^ recember 18 1962 eln eln oman eln 1 eh eee eee >. on} Semant Semant Eva : a i MRS GLADYS FACIANE VERSUS THE TRAVELERS INSURANCE CO NUMBER 77,004 DIVISION A } 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE 1 STATE OF LOUISIANA MOTION FOR EXTENSION OF TIME TO AMEND PETITION WITHIN WHICH NOW INTO COURT through undersigned counsel comes Mrs. Gladys Faciane plaintiff in the above captioned matter who shows the Court That on October 19 filed on behalf of defendant he 1964 a hearing on the exceptions ee Lae Eagle Picher Company was held and in accordance with an order of the Court entered on October 19 1964 plaintiff was granted fifteen days in which to amend her petition and on suggesting to the Court that plaintiff will require an additional period of sixty 60 days in which to acquire facts needetdo amend her petition plaintiff respectfully requests that an additional period of sixty 60 days be granted in which to amend her petition WHEREFORE plaintiff Mrs. Gladys Faciane moves the Court for such order as may be appropriate in the cir- cumstances and in accordance with law wren: By Attorneys re H. ALVA BRUMFIELD mee SYLVIA ROBERTS oe ow 205 American Bank Building Baton Rouge Louisiana By o ZF < . . fe - SYLVIA ROBERTS C Law Offices of LEMLE & KELLEHER NATIONAL B or COMMERCE BUILDING CABLE ADDRESS LEHMOR 77004 77004 7700477004 77004 77004 704 77004 NEW ORLeans 12 August 6 1963 | CT t SELIM & LEMLE 1916-19601 1916-19601 QUI & Lembe H SELLCHER SELLCHER CARL KORSMEYER JA MATTHEWS GEORDE U H MARTIG HUEL CARL J SCHUWACHER JR THOMPS F ORGAN WILLIAM STEIN JA LUGUN CHARLES E LUGUN C MURPHY MOS ALLEN A FOMENT _ SHIRLEY ~ FRIEND JA GEORGE A PRILOT IN N. BUCANES GARSLEY JA MANEMANN ALBERT DEAMOT 3 MANEMANN JR MCOLINGHEY PAUL D. DEAL S. WAYNE JAMES WOODY A. CHURCHILL MUSLEY THOMAS THONNN Dave MUSLEY DAVID L. CAMPBELL aa Clerk of Court 19th Judicial District Cour Farish of East Baton Rouge East Baton Rouge Parish Courthouse Baton Rouge Louisiana Ret No. 77,004 - Division C - Mrs. Gladys Faciane v The Travelers Insurance Company - 19th JDC - Our File 61-284 Dear Sir I enclose interrogatories which we are propounding to the plaintiff Flease file these interrogatories in the record of the case would appreciate your acknowledging receipt and filing of these interrogatories on the copy which is enclosed and returning it to me in the enclosed addressed stamped envelope Very truly yours AHH mah LEMLS & KELLEHER Albert Hamman Hamman Albert E. Ranemann Jr. Enclosures Cozy 8/7/63 m , a NINETEENTH JUDICIAL DISTRICT COURT FARISH OF EAST BATON ROUGE STATE OF LOUISIANA 30. 77,004 77,004 77,004 MRS GLADYS FACIANE DIVISION * Versus THE TRAVELERS INSURANCE COMPANY Filed Deputy Clerk **** HH FE SE-TE IE SE SIE EEE SE TE FOIE HE SE IEEE SEE 3 ar SE SEE dee ele te ee **** **** HOTION TO COMPEL FILING OF MISWERS TO INTERROGATGRIEZ On m tl aof the Ruderold Company Bicolet Industrie Inc. and Baldwin Inc. and on suggesting to the Court that Movers have filed interrogatories herein addressed to the plaintiff and that copies of these interrogatories vere served on the plaintiff by mailing them to her attorney on August 5 1963 and on further suggesting that more than fifteen days has elapsed since service of these interrogatories on the plain- tiff's attorney and that plaintiff has filed no answers to them IT IS ORDERED that the plaintiff show cause on the 1 day of Oct. Oct. Oct. 1953 why she should not be compelled to answer the interrogatories propounded to her by The Ruberold Com- pany Nicolet Industries Inc. and Baldwin Inc. Baton Rouge Louisiana Oct 9 1953 ~, ... "he NINETEENTH JUDICIAL DISTRICT COURT FARISH OF EAST BATON ROUGE STATE OF LOUISIANA NO 77,004 , MRS GLADYS FACIANE DIVISION C . Filed . Versus THE TRAVELERS 1962 1962 INSURANCE COMPANY 3.7 3.7 oo , 2 2 . Deput re [ee Sa Clerk . Pee err eT rrr rn rr rE er err Trt r We? INTERROGATORIES PROPOUNDED ON BEHALF OF THE RUBEROID COMPANY MICOLET INDUSTRIES INC AND INC BALDWIN . TO Mrs. Gladys Faciane Under the authority of Article 1491 of the Louisima Code of Civil Procedure you are directed to answer the following interrogstories in writing and under oath within fifteen daya of your receipt hereof | 1 In Article 37 of your Supplemental and Amended Petition you and the allege that The Ruberoid Company Nicolet Industries Inc. Baldwin Inc. were negligent in failing to varn decedent of the dangers inherent in the products manufactured by them and used by the decedent Please specify the particular product or products to which you refer which were manufactured by these three defendants \ 2 2 rous Specify the jobs on which each of these allegedly products were used and state the approximate dates of dange- their use 3 Specify the dangers inherent in the products manufactured by these three defendants 4 What dangerous and defective materials were used in manufacturing the fendants said products manufactured by these three de . LENLE & . KELLEHER Selumacher Jr. 77324 77324 an BY Albert H. Hanemana Jr. Attorneys for The Ruberoid Company Nicolet Industries Inc. Baldwin Inc. 1836 National Bank of Commerce New Orleans 12 Louisia Building CERTIFICATE I certify that a copy of the above and foregoing Inter- Igatories been served on E. Alva Brumfield by placing same in the United States 205 American Bank of August 1963 mail postage prepaid Building Baton Rouge addressed to his offices 8th 6 Louisiana thia Jay CEPUTY CLERK X. d, Jr./ Albert H. Hanemann AUG 1199663 19163963 In MGLEKMGLEK QUAR r RULE NISI MRS GLADYS FACIANE vs. . THE TRAVELERS INSURANCE COMPANY No.No. 77,004 No. 77,004 77,004 77,004 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA ---- Mrs. Gladys Faciane ; ; Va . v GREETING motion of Ruberoid Company Nicolet Industries Inc. and Baldwin Inc. i: said petition and Pursuant to an order of the Honorable Court aforesaid granted on above entitled and numbered cause duly certified copies of petition plaintiff the order being herewith served you are hereby ruled to show cause in said Court 9:30 _o'clock A.M. on the_ 21st _day_of_ _day_of_ October 1963 why you should not be compelled to answer the interrogatories propounded to you by The Ruberoid Company Nicholet Industries Inc. and Baldwin- Ehret Inc. Witness the Honorable Judges of our said Court at Baton Rouge Louisiana day of October 1963 9th Deputy Clerk of Court LAW OFFICEs or LEMLE & KELLEHER NATIONAL BANK OF COMMERCE BUILDING BUILDING . _ ' > CABLE ADDRESS LEMMON . ne 1 . NEW ORLEANS 12 + October 8 1963 SEUM BLENLE BLENLE BLENLE 19 1940 Lou & LEMLE HARRY B KELLENER KELLENER HARRY V South N CHARLES JA ROWLMETER HUNLEY TIM HUNLEY CARL J THEA JA THOMAS F JORDAN STEIN.UN WILLIAM STEIN.UN CHARLES E LUDENDUNG M ->AM YOSS JR M ->AY FONTFEONNTEONOTT / SMIDLET C FRIEND Ja ALGERT HANEMANN JP GEORGE GEORGE ^ FRIL^ T BUCHNER BARALET HANEMANN JM DEAMOT MEGLINCHE PAUL B. DEAL WAYNE S. WOODT JANES A "MURDRILL _ | THOKAS w TwoPHJE A POLE POLE HURLEY DAVIO L. CAMPS Clerk of Court 19th Judicial District Court Farish of East Baton Rouge East Baton Rouge Farish Courthouse Baton Rouge Louisiana Re No. 77,004 + Division C - Mrs. Gladys Faciane v The Travelers Insurance Company - 19th JDC - - Our File 61-284 Dear Sir . tes tes I enclose a Motion to Compel Filing of Answer to Interrogatories which I request that you file and present to the Judge for his signature Please notify all counsel of record of the date set by the Court for the argument of this motion Love Love Please and return it to envelope certify the enclosed extra copy of me in the enclosed addressed the motion stamped Try truly yours LEMLE & KELLSHER AHH mah Enclosures Albert 1. Hanemann Jr. Cc. LAW OFFICES OF LEMLE & KELLEHER NATIONAL BANK OF Commerce BULON _ CABLE ADDRE10 LENNDR 79004 79004 . : NEW ORLEANS 12 - December 10 1963 a t Szum B. LENLE CIO16-1080 CIO16-1080 Lous G LENLE XOMEMETEA XOME TEA MY B KELLEMES KELEMES MANY V CHARLES SXouchON OMSoEuchON MSouchON ESoucThONEA JA MATTHEWS OLOROS ^ MARTIN HUNGER CARL J SCHUMACHER SCHUMACHER JA THOMAS ' JORDAN WILLIAM STEIN JA E. LuatwOUML CHARLES MURPHY MURPHY MOSS JA ALLEN w FOHTENOT SHIRLEY FRIEND.JS A FRILOT FRIEND.JS Gegnok BUCKNER BARA EYJA ALBERT H. HANK~ANNHANK~ANNJA DERMOT S MCGLINCHEY MCGLINCHEY PAUL B. DEAL WAYNE S. WOODY CHURG UPMES UPMES A. CHURG Toy W. TaqYS.JR PAUL E. HVALET CAMPERUS Davis L. CAMPERUS HILL TaqYS.JR Ds a Honorable Perry M. Clerk of Court Johnson 19th Judicial District Court Parish of East Baton Rouge East Baton Rouge Parish Courthouse Baton Rouge Louisiana & hts : -- -- No. 77,004 - Division C - Mrs. Gladys Paciane v The Travelers Insurance Company - 19th JDC - Our File 61-284 Dear Sir We have filed a motion to compel plaintiff to file anavera to our interrogatories and this motion was originally set for hearing on October 21 1963. However the argument on the motion was continued by consent of both parties date I would appreciate your having the judge set another for the hearing of this motion and notifying plaintiff's counsel and us of the new trial date 15.00 payment Finally I enclose our check for of your costs as per your invoice dated December 2 1963 Very truly yours LEMLE & KELLEHER AHH br Enclosure XanW. eXanmemJr. Albert H. Hanemann 7 LAW OFFICES OF . LEMLE LEMLE & KeKellel h^ R leh^ R . . NATIONAL BANK OF COMMERCE BUILDING - CABLE ADDRESS LEMMOR . - i . NEW ORLEANS 12 December 30 1963 M & LEMLLEE MLEI018 -I-0 94108 Love " LEALE HARRY B KELLEHER HARRY ...DoucMON CHARLES KOHLMEYER_JKOHLM MEYER_JM GEORGE MATTHEW SCHUMACHER Carl J. SCHUMACHER SCHUMACHER THOMAR F OAM Ja WILLIAM STEM JR CHARLES & LUGEMOUHL LUGEMOUHL C MURPHY MOSS JR ALLEN D. FONTENDT JR SHALET C FRIEND GEORGE A. F~ILDT# : N. BUCKNER BARKLEY JA MAMMANN ALGENT ALGENT MAMMAMAN MMANNN UN DERDOT MCGLING PAUL B. DEAL WAYNE S. WOOD THOMAS W. *** *** DULE DULE HURLEY DAVID L. CAMPBELL ~ a Honorable Perry M. Johnson Clerokf Court 19th Judicial District Court Parish of East Baton Rouge East Baton Rouge Parish Courthouse Baton Rouge Louisiana Dear Sir Na77,004 . Division C - Mrs. Gladys Faciane v The Travelers Insurance Company - 19th JDC - Our File 61-284 I enclose herewith the original and copy of our Exception of Vagueness and of our Memorandum of Authorities in support thereof Please file the Exception and the Memo- randum and certify your receipt of them on the copies returning them to us in the enclosed addressed stamped envelope . Our Motion to Compel plaintiff to file interrogatories has previously been set for January 6 ciate it if you would have this matter 1964 but continued we would apprefrom that date to be scheduled on the date that we argue the Exception of Vagueness judge Please present the Exception of with our request that it be set for possible : Vagueness to the hearing as soon as Very truly yours LEMLE & KELLEHER AHH br : Enclosures Albert H. Hanemann Jr. NO 77,004 NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA MRS GLADYS FACIANE DIVISION C Versus THE TRAVELERS INSURANCE COMPANY DEPUTY CLERK JHMAHIHHIHEHE HF HEE E HEE HEAEAME JHE HIF HEHEIE a JHE IE EXCEPTION OF VAGUENESS Inc. Now come the Ruberoid Company Nicolet Industries and Baldwin Inc. and except to the Petition and the to the reason Supplemental and Amended Petition of plaintiff for that the said petitions are too vague and indefinite to allow exceptors to file responsive pleadings thereto in the . following respects among - others 1 2 Plaintiff's Supplemental and Amended Petition alleges that the death of Clarence A. Faciane was caused by the negli gence of exceptors and other defendants in failing to warn the decedent of the dangers inherent in the products manufactured by them and used on the jobs by the decedent These allegations do not set forth facts sufficient to assess exceptors of the act or acts of negligence for which each is allegedly responsible The Supplemental and Amended Petition does not state to which products manufactured by exceptors plaintiff refers nor does it state what dangers were inherent in the said products nor does it state on that jobs the said prod were used by decedent Exceptors should not be obliged to answer these vague and wes indefinite allegations and plaintiff should be required to state in detail and specificaltlhye products which were allegedly defective the nature of the dangers inherent in each of them and the jobs on which the said products were used by decedent 2 The vague and indefinite nature of plaintiff's Petition and Supplemental and Amended Petition is compounded by the fact that plaintiff has charged that decedent's death was further caused by the negligence of certain of the defendants who manufacture and sell tobacco products The assignment of cigarette smoking as an additional cause of decedent's death complicates the defense of the suit insofar as exceptors are concerned and makes it imperative that plaintiff be very specific in stating the products manufactured by each of the exceptors which were allegedly instrumental decedent's death the nature of the dangers inherent in the said products and the jobs on which the said products were used by decedent WHEREFORE exceptors move the Court to enter an order compelling plaintiff to file additional pleadings stating in detail and specifically the products manufactured by the exceptors which allegedly caused decedent's death the nature of the dangers inherent in the said products and the jobs on which the said products were used by the decedent and in default thereof exceptors move that plaintiff's suit be dismissed LEMLE & KELLEHER Y CEPUTY CLERK \ NINETEENTH JUDICIAL DISTRICT COURT PARISH OF BATON ROUGE NO 77,004 STATE OF LOUISIANA MRS GLADYS FACIANE DIVISION C Versua FILED a =: . THE TRAVELERS INSURANCE COMPANY 1943 . 1943 . 2 1943 1943 hae tl ~ aerarer a < farm Su DEPUTY CLERK AW HA EE HE EEE EE EE EEE EEE EE EEE EH EERE REE MEMORANDUM OF AUTHORITIES A. EXCEPTION OF VAGUENESS Under Article 891 of the Louisiana Code of Civil Procedure a petitioner is required to present a clear state- ment of the material facts upon which his cause of action is based Plaintiff's Petition and Supplemental and Amended Petition has charged that the decedent's death was caused by the negligencoef twenty different defendants It is alleged that the decedent died of a lung condition and that each of these parties were partially responsible for his death A casual examination of plaintiff's Petition and Supplemental and Amended Petition will show that the parties defendant are engaged in the manufacture or distribution of many different types of products used in many different ways and under many different conditions We submit that each defendant should be given sufficient information by petitioner who is the moving party in this lawsuit and who bears the burden of proof to enable it to file responsive pleadings and to prepare an adequate defense The mere allegation that twenty different defendants manufactured or distributed some products which contained inherent dangers causing decedent's death is not sufficient to give any of them the necessary information to prepare a defense To succeed in this lawsuit plaintiff must prove the nature of the product manufactured by each defendant which is allegedly responsible for decedent's death Since plaintiff must make such proof it is reasonable to require him to make specific factual allegations in his pleadings The preparation of the defense of this lawsuit by any one of the defendants at this stage in the pleadings would be nothing more than a guessing gane nro We respectfully pray that plaintiff be required to file additional pleadings that vill recite completely all of - the facts upon which charges of negligence are based 8 MOTION TO COMPEL PLAINTIFF TO FILE ANSWERS TO INTERROGATORIES We have heretofore filed interrogatories on the plaintiff in an effort to obtain the essential details which we considered lacking in plaintiff's Petition Plaintiff filed answers to those unresponsive and which interrogatories which are completely are obviously calculated to disclose no information whatever We believe that it is not necessary to belabor this point as a mere reading of those answers will adequately support our criticism We respectfully pray that in addition to being required to supplement the Petition as hereinabove requested plaintiff be required to file answers to our interrogatories which are truly responsive and in default thereof that plaintiff's suit be dismissed Hespectfully Submitted CERTIFIED TRUE CUPY nes ay" DEPUTY CLERK Schumacher Jr. Albert We Hanemann By es noe Albert H. Hanemann Jr. oo CERTIFICATE I hereby certify that a copy of the above and foregoing Menorandum of Authorities has been served on H. Alva Brumfield by placing same in the United States mail postage prepaid addressed to his offices 205 American Bank Building Baton Rouge Louisiana this 30 day of December 1963 CERTIFICATE I certify that a copy of the above and foregoing Exception of Vagueness has been served on H. Alva Brumfield by placing same in the United States mail postage prepaid addressed to his offices 205 American Bank Building Baton Rouge Louisiana this 30 day of December 1963 721 he: = = rf = = MRS GLADYS FACIAN^ QU. RRR VERSUS ee leTr MN THE TRAVELERS INSURANCE : COMPANY ET AL ve Oe Re Ne A 1a 1 ! NUMBER 77,004 DIVISION C : t ; 19TH JUDICIAL DISTRICT COURT ew PARISH OF EAST BATON ROUGE we STATE OF LOUISIANA ANSWERS TO INTERROGATORIES PROPOUNDED BY i DEFENDANTS THE RUBEROID COMPANY NICOLET INDUSTRIES INC AND BALDWIN t INC y i t NOW INTO COURT through undersigned counsel ^' comes Mrs. Gladys Faciane plaintiff in the above captioned wes ay 4 ' matter who answers the interrogatories propounded to her si e # as follows *t 1 2 4 ii 4 4 . te es- ores Sorts ine: Insulation materials the exact name of which epi is unknown to plaintiff kee ae Petitioner does not have this information but as te 1 soon as this information is obtained it will be . furnished to defendant | i Insulating materials and asbestos fibers will cause a tissue reaction in the lungs . i s t Petitioner does not have knowledge of the identity | : of the materials used in the manufacture of products manufactured by the defendant e By Attorney i H es H. ALVA BRUMFIELD te 205 American Bank Building Baton Rouge Louisiana e CERTIFICATE ee : ar I hereby certify that a copy of the foregoing Answers to Interrogatories has this day been mailed postage prepaid : ' addressed to Albert H. Hanemann Jr. Esquire 1836 National i 3 Bank of Commerce Building les | Leans La Baton Rouge La December 16 1963 H. ALVA BRUMFIELD y , * = i i { * . i ; MRS GLADYS FACIANE ; i , : : I NUMBER 77,004 DIVISION C 19TH JUDICIAL DISTRICT COURT } : THE TRAVELERS INSURANCE COMPANY ET AL PARISH OF EAST BATON ROUGE STATE OF LOUISIANA # 4 ANSWERS TO INTERROGATORIES ^' BEFORE ME the undersigned authority personally came AS and appeared Mrs. Gladys Faciane plaintiff in the above eTSST Sem entitled and captioned matter who after by me being duly sworn eed Te did answer the interrogatories propounded by defendant Aber i Company herein as follows 4 I 1 4 FI 4 ii 2 2 . Clarence Alfonso Faciene Sr. born September 1 1898 at Slidell Louisiana Social Security Number 434-05-4064 } : i- Unknown ; - 3 This information is not available to plaintiff at | this time E 4 ATE eSET 5 Bis 6 . aN ; 7 i i] This information is not available to plaintiff at this time Yes Clarence A. Faciene Sr. worked with materials H including but not limited to the following . foam glass fiberglass asbestos vegetable cork rock cork hair felt asbestos powder asbestos cement unibestos sponge felt asbestos mud and Bren 85 magnesium Autopsy report work records and hospital records i . GLADYS FACIENE i i a 4 <2 : 4 ee SWORN TO AND SUBSCRIBED BEFORE ME this H J : _ s : day of - ve Ee ; 1963 Beta of goo: a 7 t 5 i - L caeiat a 4 j i NOTARY PUBLIC wt. te Ne e oe ~ ES RESE + RE PO Ses CERTIFICATE Sib Hf I hereby certify that a copy of the foregoing Answers i to Interrogatories has this day been mailed postage prepaid ^' addressed to Edward W. Gray Esquire 205 Roumain Building i 4 Baton Rouge Louisiana counsel of record for defendant rt Aber Company Ee: Baton Rouge Louisiana this 224 day of FE nat ; hi hi a Ete hi EE . 1963 Ak TS ae oe - . na . wf - Ue 5 Jackie aay) H. ALVA BRUMFIELD Jackie Se) las FE DS 8 als SS Fe AEN SASS ur. ZTE ergo December 31st 1963 Messra Lamle x Kelleher Attorneys NNeawtioOnralleaBnasnkLo ofuiCsoimamnearce building Attention Albert H. Hanemann Dear Sir Re No. 77004 Mrs. Glidys Pacianeira Trivelers Ins Co. We have your letter of the . enclosing Exception of Vagueness Vagueness ~ oranda of authorities in support 3. inst and your zemthersof . been This suit is in Division C and Judys Barnett has sitting in that Division He is now in Ruston for the holidays and will not return until January 6,1964 He would to the one to talk to about the Motion to ompel schedulin pliintiff to file of the torias interroga- enclosing enclosing I am hrein hrein certified copy of exception of vagueness the oO Yours very truly Neputy Clerk of ourt MRS GLADTS FACIAMS NO 77,004 " DIVISION A : 19TH JUDICIAL DISTRICT COURT - eo PARISH OF EAST BATON ROUGE THE TRAVELERS INSURANCE COMPANY PY OF LOUISLI OUA ISN IAA NA FILED 1964 : DEPUTY CLERK PEREMPTORY EXCEPTION OF NO CAUSE OF ACTION Now into Court through undersigned counsel comes Picher Company referred to in the first and second supplemental and amended petitions filed herein as Eagle Picher Company Inc. named as a defendant appearing herein for the purpose of this exception and with full reservation of all exceptions filed heretofore and hereby excepts to the petition and the first and second supplemental and amended petitions filed herein on the following . grounds wit 1 That the allegations of the petition as supplemented and amended by the first and second supplemental and amended petitions are not sufficient to state a cause of action against defendant Picher Company The first supplemental and amended petition in paragraph 37 and the second supplemental and amended petition in paragraph 2 allege that the decedent's death was further caused by the negligence of defendants including defendant Picher Company through some connection with certain products of defendant that were allegedly dangerous and defectively manu- factured which were used on the jobs by decedent The petitions fail to state either the names or the products which were allegedly dangerous or defectively manufactured by exceptor Picher Company nor the jobs on which the said products were used nor the dates of any sales of the products nor in what respects the products were dangerous or defectively manufactured nor what dangerous and defective materials were used in the products nor what dangers were inherent in the products The terms dangerous and defectively manufactured are mere conclusions of the | pleader and cannot serve as a replacement for these facts which must be alleged : eo in orderto state a cause of action against exceptor N \, . WHEREFORE exceptor Picher Company prays that this peremptory exception of no cause of action be maintained and that accordingly Judgment be . rendered herein in favor of defendant Ficher Company and against plaintiff Mrs. Gladys Faciane rejecting plaintiff's demands at her costs and for all general and equitable relief MONROE & LEMAN Banj R. Slater Jr. W. Malcolm Stevenson W. Malchen Starmar 1424 Whitney Building = New Orleans Louisiana Attorneys for FICHER COMPANY CERTIFICATE foregoing I hereby certify that a copy of the above and exception . has been served upon H. Alva Brumfield 205 American Bank Building Baton Rouge Louisiana Attorney for Plaintiff by depositing same in the United States mail on this 30 day of September 1964 SEP SEP lu 1834 1834 Jackie Juellos a S me RICHARD C. CADWALLADER ATTORNEY AT LAW 1004 LOUISIANA NATIONAL BANK BUILDING BATON ROUGE LOUISIANA 1080S May 31 1966 TELEPHONE TELEPHONE 342-253 342-253 Mrs. Roberta D. Cox Deputy Clerk Division C 19 Judicial District Court Parish of East Courthouse Baton Rouge Baton Rouge Louisiana Dear Mrs. Cox Re Suit No. 77,004 - Division C 19th Judicial District Court Parish of East Baton Rouge Mrs. Gladys Faciane vs. Travelers et al This will acknowledge receipt of the notice from you that a dilatory exception of vagueness had been assigned for argument in the above captioned case on Tuesday May 31 1966 at 9:30 a.m. I will appreciate it if you will call Judge Barnett attention to the fact that my former client B & Engineering & Supply Co. is no longer a party to these proceedings since the suit was dismissed as to my client : on December 18 1962 Sincerely yours RCC CC Maurice J. Wilson Richard C. Cadwallader cet Respectfully Respectfully Submitted Albert . Hanemenn Jr. Attorneys for Movers 1935 National Bank of Commer Commerce New Orleans 12 Louisiana Suilding CERTIFICATE CERTIFICATE CERTIFICATE CERTIFICATE CERTIFICATE CERTIFICATE CERTIFICATE CERTIFICATE I certify that a copy of the above and foregoing Hotim has been served on 3. Alva Brumfield by placing same in the United States mail postage prepaid addressed to his offices 205 Ameri- can Bank Building Beton Rouge Louisiana this 8th 8th of October 1953 FILED FILED 9-1963 ) OCT CNS TS Teele IT - , f N. ALVA BAUMFIELD BAUMFIELD ROBERT COOPER JP A LAW OFFICES H. ALVA BRUMFIELD AMERI~ AN AMERI~ AN BANK BUILDING JUP OM~ S ATREET BATON ROUGE LOUISIANA 2 TELEPHONE OBIS C NEW ORLEANS 574.0663 1003 BOURS^ NSTREET - CHARLES LAKE HALVA RICHLERT 436 BRYNFIELD E TUNNEN HERS HERS STREET 8653 : oe Honorable Perry M. Johnson Clerk of Court 19th Judicial District Court Courthouse Building Baton Rouge Louisiana February 10 1964 Re NUMBER 77.004 MRS GLADYS FACIANE V. THE TRAVELERS INSURANCE COMPANY Dear Mr. Johnson We enclose herewith the original of a Memorandum in Opposition to Exceptions of Vagueness which we would appreciate your having someone file in the record We also enclose one copy for Judge , ; Barnett With kindest regards we are Yours very truly LAW OFFICES OF H. ALVA BRUMFIELD Labia By Reberte Sylvia Roberts * ; SR Encl i ORDER . . PREMISES CONSIDERED | IT IS ORDERED that plaintiff Mrs. Gladys Faciane Idiety is granted an extension of time of > ; days in which | $ to amend her petition H Baton Rouge Louisiana this 2nd day of November : 1964 a _ t JUDGE 19th Judicial District Court for CERTIFICATE I hereby certify that a copy of the foregoing extension of time has this day been mailed postage at Motion eee prepaid addressed to Benjamin R. Slater Jr. Esquire of the firm of Monroe and Lemann 1424 Whitney Building New Orleans Louisiana counsel of record for Eagle Picher Company defendant Baton Rouge Louisiana this 2nd day of November 1964 FILED NOV 2-1964 2-1964 . v4 ae : . .SYLVIA ROBERTS ~ MRS GLASTS FACIUNE ET AL : : we : THE TRAVELERS INSURANCE COMPANY ET AL : 30. 77 - DIVISI "3" 12TH JUDICIUL DISTRICT COURT PARISH OF EAST EATON SOUCE STATE OF LOUISIANA MOTION AND JUDGMENT AS TO EAGLE PICHER COMPANY Now into Court comes defendant Eagle Ficher Company appearin herein through undersigned counsel and on suggesting to the Court that in October 19 1964 a bearing on the Peremptory Exceptions of No filed by defendent Eagle Picher Company herein was held and Cause of action the Court entered an Order on October 19 1964 sustaining the Exception of o Cause of Action and allowing plaintiffs fifteen 15 supplemented and amended and on about November 2 1964 on motion days within which to amend their petition as further suggesting to the Court that on or of plaintiffs the Court granted plaintiffs an additional thirty 30 days within which to amend the petition ; that the times allowed plaintiffs to amend the petition have now elapsed and plaintiffs have failed to amend and accordingly a judgment of dismissal should be entered herein as against defendant Eagle Picher Company in accordance with the Court's Order of October 19 1964 IT IS ORDERED ADJUDGED AND DECREED that plaintiffs above captioned and numbered suit be and the same is hereby dismissed as against defendant , Eagle Picher Company at plaintiffs costs 11 day JUDGMENT READ FENDERED AND SIGNED in Open Court on this . | of December 1964 Sator Rouge Louisiana MONROE & LEMUN Malcola L. Konroe Senj R. Slater Jr. W. Malcolm Stevenson Cabarit - JUDGE JUDGE JUDGE 1424 whitney Building New Orleans Louisiana Attorneys for EAGLE FICHER COMPANY FILED FILED $ 1,196 vse 1,196 . ~ a CORRIFICATE I hereby certify that a copy of the above and foregoing Motion and Judgment has been served upon Mr. H. Alva Brumfield and Mrs. Sylvia Roberts Louisiana Attorneys Flaintiffs 205 American Bank Building Saton Rouge mails King a copy in the United States this 6th day of December S 4c p le A . 4 . An Py 1 Pack deeb he: L wil - i ste a + . Ca . zt ae von de n Styrk wr 04 a NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA NO 77,004 DIVISION Ne" A MRS GLADYS FACIANE ae VS. FILED THE INSURANCE COMPANY TRAVELERS DEPUTY CLERK eee e SH eS RRE REI HHA HARE HABE HAHe EHD MOTION TO DISMISS On motion of The Ruberoid Company Nicolet Industries Inc. and BaldwiInn c. appearing herein through their undersigned counsel of record and on suggesting to the Court that a Judgment was signed herein on June 21 1965 maintaining Movers Exception of Vagueness and reserving to plaintiff the right to amend her Petition within 30 days of the date of the Judgment so as to cure the defects in the Petition in default which plaintiffs suit against Movers would be dismissed and further suggesting that plaintiff has failed to file an amended Petition within 30 days of the date of the said Judgment above IT IS ORDERED ADJUDGED entitled and numbered cause AND DECREED that the be and it is hereby dismissed as to The Ruberoid Company Nicolet Industries Inc. and Baldwin Inc. - 2s. Respectfully submitted LEMLE & KELLEHER BY Albert H. H^/nemann Jr 1836 National Bank of Commerce Building New Orleans Louisiana Lf vs MRS GLADYS FACIANE VERSUS THE TRAVELERS INSURANCE COMPANY NUMBER 77,004 DIVISION C 19TH JUDI~ IALDISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DILATORY EXCEPTION ON BEHALF OF JOHNS MANVILSALLE ES CORPORATION MANVILLE PRODUCTS CORPORATION AND GLASS FIBERS INC Manville Sales Corporation Manville Products Corporation and Glass Fibers Inc. purportedly made defendants in the above numbered and entitled cause appearing herein solely for the purposes of this exception excepts to all of the petitions filed herein by plaintiff on the following grounds wit 1 Plaintiff's petition as supplemented and amended is so vague and ambiguous that exceptors cannot safely plead to it Paragraph thirtyA. seven of the original petition alleges that the death of Clarence Faciane was further caused by the negligence of Manville Sales Corporation Manville Products Corporation and Glass Fibers Inc. along with others in connection with products allegedly manufactured by said defendants and used on jobs by decedent The petition fails to specify what product or products allegedly manufactured by Manville Sales Corporation Johns- JohnsManville Products Corporation and Glass Fibers Inc. were used nor does it specify the job or jobs on which such products were allegedly used nor does it state which of decedent's alleged employers purchased and used said products nor when said sales took place nor in what respects said products were inherently dangerous nor in what respects the products were defective nor what dangerous and defective materials were used in the manufacture of such products nor wher - such products were dangerous WHEREFORE exceptors pray that this dilatory exception be main- tained and plaintiff be ordered to amend her petition by particularizing ae the vague and ambiguous allegations complained of herein that in default of such amendment within a reasonable delay to be fixed by this Court plaintiff's petition be dismissed as to exceptors all at plaintiff's costs By Attorneys DALE RICHARDSON & DALE Daniel R. Atkinson 710 Reymond Building Baton Rouge Louisiana Attorneys for Manville Sales Corporation Manville Products Corporation and Class Fibers Inc. CERTIFICATE I certify that a copy of the foregoing exception has this day been served on H. Alva Brumfield Esquire attorney for plaintiff by placing same in the United States Mail postage prepaid and properly addressed to him at his offices located at 509 St. Louis Street Baton Rouge Louisiana further that a copy of said exception has this day been mailed to all other counsel of record in this proceeding Baton Rouge Louisiana June 7 1966 Daniel R. Atkinson 19616966 ry MRS GLANS FACIANE , * NUMBER 77.004 DIVISION C 19TH JUDICIAL DISTRICT COLAT THE TRAVELERS INSURANCE COMPANY * **** * PARISH OF EAST BATON ROUGE . STATE OF LOUISIANA EEE LOUISIANA EERE EER HE DILATORY EXCEPTION Now into Court through undersigned counsel comes Aber Company Inc. solely for the purposes of this exception and excepts to the plaintiff's . | petitions because they are vague and ambiguous in the respects set forth more particularly though not exclusively as follows 1 In Article 25 of the supplemental and amended petition it is alleged that Clarence A. Faciane was employed by exceptor during the years 1954 and 1955 but the petitions do not contain any allegations as to the particular date or | dates during 1954 and 1955 on which Clarence A. Faciane was allegedly employed , by exceptor 2 In Article 36 of the supplemental and amended petition it is alleged that exceptor was negligent in failing to vam Clarence A. Faciane of the danger inherent in using the insulating material but the petitions not contain any allegations as to what particular insulating material this allegation has reference to nor do the petitions contain any allegation as to what alleged danger was inherent in said insulating material 3 In Article 36 of the supplemental and amended petitions it is alleged that exceptor failed to supply and furnish safeguards for the use of Clarence A. Faciane but the petitions contained no specifications as to what particular safeguards this allegation has reference to 4 - In Article 36 of the supplemental and amended petition it is alleged that exceptor was negligent in failing to furnish Clarence A. Faciane with a safe place to work but the petitions do not contain any allegations specifying in what respects the place at which Clarence A. Faciane worked was unsafe Pmeae on 5 In Article 36 of the supplemental and amended petition it is alleged that exceptor was negligent in giving Clarence A. Faciane assurances of safety and in failing to make a full disclosure of the dangers inherent in said operations However the petitions do not contain allegations setting forth any of the . following matters A. When the alleged assurances of safety were allegedly given to Clarence A. Faciane B. Where the alleged assurances of safety were allegedly given to Clarence A. Faciane given C. By whom the alleged assurances were allegedly A. Faciane to Clarence D. What alleged dangers were not fully disclosed to Clarence A. Faciane WHEREFORE exceptor prays that this exception be maintained and that the plaintiff be ordered to amend her petitions so as to clarify the vagueness and ambiguousness complained of herein and that in default of such an amendment within a delay to be fixed by this Court this suit be dismissed as to exceptor at the plaintiff's costs By Attorney EDWARD W. GRAY of Percy Macmurdo 208 Roumain Building Baton CERTIFICATE I certify that a copy of the foregoing exception has this day been served on H. Alva Brumfield Esq attorney for plaintiff by placing same in the United States Mail postage paid and properly addressed to him at his offices located at 509 St. Louis Street Baton Rouge Louisiana further that a c py of said exception has in this proceeding this day been mailed to all other counsel of record Bat nRouge Louisiana June 16 1966 on t - H > ET Ja COWARD WM HacuunDO PERCY MACMURDO B ATTORNEYS AY LAW GRAY SUITE 306 ROUMEN SULDING BATON ROUGE LOUISIANA 70801 *** *** SHONE OCHENG . June 15 1966 Honorable Perry N. Johnson Clerk of Court P. Box 1548 Baton Rouge Louisiana ; . ; . ; - Dear Sir RE Mrs. Gladys Faciane vs. The Travelers Insurance Suit Number 77,004 Co. We have enclosed & Dilatory Exception in behalf of Aber Company Inc. Please file the enclosed exception in the record of the above entitled case and please acknowledge receipt of this letter and the enclosure on the enclosed copy of this letter For your convenience in replying we have enclosed a addressed stamped envelope Yours truly PERCY MACMURDO & GRAY EWG 1mg Enclosures trem em = Bild . Bild RECEIVED 17 1966 . JUN EASTBATONBATON ROUGE OF COURT N -) MRS GLADYS FACIANE VERSUS , THE TRAVELERS INSURANCE COMPANY NUMBER 77,004 DIVISION A 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA JUDGMENT SUSTAINING DILATORY EXCEPTION This matter came on for regular hearing pursuant to previous assignment on Monday June 20 1966. Present for plaintiff Miss Sylvia . Roberts present for Manville Sales Corporation Manville Products Corporation and Class Fibers Inc. defendants Daniel R. Atkinson When after considering the pleadings filed herein and on stipulation of counsel the following minute entry was made by the Court This natter came before the court on a dilatory exception filed on behalf of Manville Sales Corporation | Manville Products Corporation and Glass Fibers Inc On joint stipulation of counsel the exception of vagueness was submitted to the Court Whereupon for oral reasons this day assigned defendant's exception is sustained and the plaintiff ordered to amend her petition to specify and name the products allegedly manufactured by defendant companies and used on the job to specify on which jab the products were used and to state which of decedent's alleged employers purchased and used said products and to state when said sales took place and to atate in what defective and respect said products were dangerous and what defective materials were used in the products and to specify the alleged inherent danger in said products On plaintiff's failure to amend her petition as herein directed within thirty 30 days of this date plaintiff's mit be dismissed as to defendants Manville Sales Corporation Manville Products Corporation and Glass Fibers Inc. . and on this date it having been demonstrated to the Court that more than thirty 30 days have elapsed since the aforesaid minute entry was made and further that plaintiff's petition has not been amended as required by the order of this Court. IT IS ORDERED ADJUDGED AND DECREED that plaintiff's action be and the same is hereby dismissed as co Junne ville Sales Corporation Johns- Manville Products Corporation and Glass Fibers Inc. at plaintiff's cost JUDGMENT READ RENDERED AND SIGNED in Open Court at Baton Rouge - Louisiana on this 28 28 day of July 1966 ; = LLENK Cor FS LLENK fa, . . A sai ED o .. vet JUDGE 19th Judicial District Court . + MRS GLADYS FACIANE VS. THE TRAVELERS INSURANCE | COMPANY . ae rT) . ory ve ity ae NUMBER 77,004 DIVISION A one ep 19TH JUDICIAL DISTRICT COUNT en . : PARISH OF EAST EATON ROUGE Op oe STATE OF LOUISIANA 1 : : : + ' ee ' : es : = = = eb = FS fF tr tt JUDGMENT SUSTAINING DILATORY EXCEPTION This matter came on for regular hearing pursuant to previous assignment on Tuesday May 31 1966. Present for plaintiff Miss Sylvia Roberts present for Keasbey & Mattison Company defendant exceptor Maurice J. Wilson Then after considering the pleadings filed herein and the arguments of counsel the following minute entry was made by the Court Thereupon for oral reasons this day assigned the Court sustained the said exception of vagueness and ordered plaintiff to amend her petition products allegedly manufactured used on the job and to specify were used and to state which of to specify and name the by defendant company and which job said products decedent's alleged en- ployers purchased and used said products and to state when said sales took place and to state in what respect said products were dangerous and defective and what da- fective materials were used in the products and to specify the alleged inherent danger in said products ; On plaintiff's failure to amend her petition as herein directed within 28 days of this date plaintiff's suit to be dismissed as to defendant Keasbey & Mattison Company than and on this date it having been demonstrated to the Court that more twenty 13 days have elapsed since the aforesaid minute entry was made and further that plaintiff's pecition has not been amended as required by the order of this Court IT IS ORDERED ADJUDGED AND DECREED that plaintiff's action be and the same is hereby dismissed as to Keasbey & Mattison Company at plain- tiff's cost JUDGMENT READ RENDERED AND SIGNED in Open Court at Baton Rouge Louisiana on this 29 day of June 1966 Lia Samant Me, Judge 19th Judicial District Court em 291966 291966 t * 4 MRS GLADYS FACIANE VERSUS NUMBER 77,004 C DIVISION 19TH JUDICIAL DISTRICT COURT THE TRAVELERS COMPANY INSURANCE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA FILED , 51967 51967 - MOTION With With With ^'t . DY | CLERK CLERK e me oe NOW INTO COURT through undersigned counsel comes ere MRS GLADYS FACIANE who shows the Court as follows me 1 ee That the above suit was filed in the 19th Judicial re re District Court for the Parish of East Baton Rouge Division te C on August 8 1960 and numerous _ pleadings have been e filed in connection therewith heee 2 That due and diligent of search the records of the 19th Judicial District Court have failed to produce the original record compiled in the above captioned suit 3 ee fe Your mover attaches hereto and makes a part hereof ren an affidavit executed by Honorable Perry M. Johnson Custodian eme of the Records of the 19th Judicial District Court that the 2 E record in auit number 77,004 has been lost Sate 4 dere w) That your petitioner availing of herself the ee me provisions c Revised Statutes Title 13 Section 914 does hereby move the Court to order that a new record be compiled herein by the Clerk of the 19th Judicial District Court from a his microfilm records and that said certified copies made ce em Y a te z Ss ak Se 7 from said microfilm be substituted for the original record : WHEREFORE your petitioner moves this Honorable Court to order the Honorable Perry M. Johnson Clerk of the 19th Judicial District Court to make a copy of said missing e record from his microfilm copy of said record and it be duly 4s fw certified as a substitute for the original record in case ve number 77,004 on the Docket of the 19th Judicial District 4 Court entitled Mrs. Gladys Faciane vs. The Travelers 1) Insurance Company under the provisions of Louisiana Revised Statutes Title 13 Section 914 . By Attorneys H. ALVA BRUMFIELD SYLVIA ROBERTS 509 St. Louis Street * Baton Rouge Louisiana . r rT v og 7 , A tt By : of fe as i SYLVIA ROBERTS ~ i: ORDER ORDER ORDER r IT IS ORDERED ADJUDGED AND DECREED that the Honorable . Perry M. Johnson reproduce from his microfilm records a substi- tute for the original record in suit number 77,004 on the docket 4 of this Honorable Court and so compiled now constitutes the me tee i official record in the above captioned matter AA He : si 1968 ST Baton Rouge Louisiana this day of ~~ , January : : i . sie * End AFFIDAVIT STATE OF LOUISIANA PARISH OF EAST BATON ROUGE BEFORE ME the undersigned authority personally ~ came and appeared -- --- -PERRY M. JOHNSON- who after being sworn deposed and said That he is the Clerk of Court for the Nineteenth Judicial District Court Parish of East Baton Rouge State of Louisiana that a due and diligent search has been made of rr the recoor f d ths is Honorable Court for the original record of suit number 77,004 entitled Mrs. Gladys Faciane vs. The Travelers Insurance Company and hereby affirms that | this original record has been lost 7 this SWORN 4th TO AND day of M D D Vi PERRY M M before SUBSCRIBED me son son Notary Public 6 , 196 . at Baton Rouge Louisiana terPMII PMI PMI A \ * METS ! i } 4 5.1947 5.1947 Butt Butt 5.1947 oh Le acome = MRS GLADYS FACIAN~ - VERSUS NUMBER 77,004 DOCKET 1 19TH JUDICIAL DISTRICT COURT THE TRAVELERS INSURANCE COMPANY PARISH OF EAST BATON ROUGE ; STATE OF LOUISIANA AMENDING PETITION MRS GLADYS FACIANE plaintiff in the above entitled and numbered cause pursuant to the ruling of court rendered herein on the 19th day of June 1967 now supplements and amends her original petition in the following respects 1 Decedent Clarence A. Faciane Sr. was employed by defendant Aber Company Inc. as follows May 1953 through February of 1954 April 1954 through May 1954 ; August 1954 through September 1954 April 1955 September 1955 through October 1955 September 1956 August 1957 2 Petitioner repeats and reiterates each and every allegation of her original petition filed herein WHEREFORE petitioner reiterating the prayer of her original petition as though set forth at length herein prays that this supplemental and amending petition be filed and that after due proceedings had there be judgment in favor of rs petitioner Mrs. Gladys Faciane and against defendant The Travelers Insurance Company a riginally prayed for herein i By Attorneys H. ALVA BRUMFIELD SYLVIA ROBERTS 509 St. Louis Street Bacon Rouge Louisiana By : er 2 f SYLVIA ROBERTS H. ALYA SAVRFIELO SYLVIA ROBERTS JACK E. YELVERTON ~ ALVA BRUMFIELD 11 LAW OFFICES H. Alva Brumfield 509 ST LOUIS STREET O. Box 1486 BATON ROUGE LOUISIANA 70821 TELEPHON 345 ~ ableAobnese BEAUBRUNEL NEW ORLEANS Q68 326 CHARTRES STACEY | HEW ORLEANS ORLEANS LOUISIANA 70130 aren EVANGELINE MOLERO V^ VRI~ K Honorable Perry M. Johnson ; Clerk of Court Courthouse Baton Rouge Louisiana August 23 1967 , Re NUMBER 77,004 DOCKET 1 MRS GLADYS FACIANE VS. THE TRAVELERS INSURANCE COMPANY Dear Mr. Johnson We enclose herewith the original of an Amending Petition which we would very much appreciate your having someone file in the captioned record on our behalf Our check in the amount of 25.00 is also enclosed With kindest regards we are Yours very truly LAW OFFICES OF H. ALVA BRUMFIELD RECEIVED By ae f werk Sylvia Roberts RECEIVED RECEIVED RECEIVED RECEIVED ROJGE ROJGE VC End CERTIFICATE . I hereby certify that a copy of the foregoing Amending Petition has this day been mailed postage prepaid addressed to Edward W. Gray Esquire 208 Roumain Building Baton Rouge Louisiana and John I. Moore Esquire 11th Floor Louisiana National Bank Building Baton Rouge Louisiana opposing counsel herein Baton Rouge Louisiana cage this SF 7 , 1967 day of e me ' Khil SYLVIA ROBERTS FILED AUG 4 1967 -- --"--,----,, --" -- OT CLERK OF COUNT --" Lia ee ~ te en rae A e MRS GLADYS FACIANE VS. TRAVELERS ET AL ( / End 19TH JUDICIAL DISTRICT COURT * PARISH OF EAST BATON ROUGE STATE OF LOUISIANA | NUMBER 77,004 DIVISION C TO Maurice J. Wilson Esq Charles W. Phillips Esq Edward W. Gray Frank S. Craig R. Gordon Kean Jr. Esq Jr. Esq Esq Joseph F. Keogh Esq A. Leon Hebert Esq Richard c Cadwallader David W. Robinson Esq Esq E. Leland Richardson Esq Malcolm M. Monroe Esq Harry McCall Jr. Esq : Carl J. Schumacher Jr. Esq Charles Wm Roberts Esq Calvin E. Hardin , Jr. Esq Pro Hed adu Prc odt ucs ts Inc. H. Alva Brumfield Esq Dear Sirs You are hereby notified of the assignment of the above case for Tuesday May 31 1966 at 9:30 A. M. on the dilatory exception of vagueness Yours very truly Roberta Deputy Clerk Cox ~ : : se tomy an - . ' rteNe, MRS GLADYS FACIANE VERSUS THE TRAVELERS INSURANCE COMPANY ET AL : NUMBER 77.004 CIVIL DOCKET 3 : 19TH JUDICIAL DISTRICT COURT on PARISH OF EAST BATON ROUGE a STATE OF LOUISIANA MOTION TO TRANSFER The undersigned moves that the above entitled and numbered cause be transferred out of Docker 3 and reallotted to another Docket of this Court February 6 > 1968 WATSON BLANCHE WILSON POSNER & THIBAUT Attorneys for Pittsburgh Pittsburgh Corning Corporation David J. Robinson as O. Sox 36 Baton Rouge Louisiana ORDER OF TRANSFER The above entitled and numbered cause is transferred out of Docker ] and reallotted to Docket February 6 " of this Court , 1968 | ot Docket 3 , JUDGE Docket 2 . End on _ MRS CLADES FACIANE : : VERSUS : THE TRAVELERS INSURANCE COMPANY ET AL : NUMBER 77,004 CIVIL DOCKET # 19TH JUDICIAL DISTRICT COURT . , PARISH OF EAST BATON ROUGE STATE OF LOUIS ORDER The foregoing petition considered IT IS ORDERED that a rule misi issue herein directed to the plaintiff Mrs. Gladys Faciane to show cause any she has on the 15 _ day of July 1968 at 10_o'clock 10_o'clock a.m. why her suit should not be dismissed as to Pittsburgh Corning Corporation at her cost Baton Rouge Louisiana July_ 3 . 1968 Judge 19th Judicial District Court Binding FILED FILED FILED JUL JUL 3-2078 3-2078 &- _AW OFFICESOF ICES & 1. ALVA SUFIELD 0 17 LOUIS STREET ILTON ROUGE LA 78839 ELEPHEN ELEPHEN 349 = 86 MRS GLADYS FACIANE . VERSUS * NUMBER 77,004 DOCKET NO * 19TH JUDICIAL DISTRICT COURT ; : * THE TRAVELERS INSURANCE COMPANY * PARISH OF EAST BATON ROUGE STATE OF LOUISIANA azn eR eR KH INTERROGATORIES PROPOUNDED BY PLAINTIFF TO DEFENDANTS TRAVELERS INSURANCE COMPANY AND ARMSTRONG CONTRACTING AND SUPPLY CORPORATION TO BE ANSWERED FULLY CATEGORICALLY AND IN WRITING UNDER OATH WITHIN THE TIME PRESCRIBED BY LAW TO I. TRAVELERS INSURANCE COMPANY & ARMSTRONG CONTRACTING & SUPPLY CORPORATION through John I. Moore 11th Floor - Louisiana Baton Rouge Louisiana National Bank Bldg Please state the name of each and every person who has or claims to have knowledge relevant or material to the issues in this lawsuit and with regard to each witness state A, Lay Witnesses 1 Present address 2 What events or conditions relevant or material to the issues in this lawsuit can this witness testify to By whom employed at time of accident Is he still employed by same employer Has he rendered an oral written recorded statement If so when whom ; or and to a When b Where c To whom a In whose presence 3 . Present possession of original statement 8. Have copies been requested or furnished to anyone B. Expert Witnesses 1 Office Address 2 By whom retained and paid 3 His profession and field of specialization @. Educational background and degrees 4. Has he performed any professional tests and experiments 5 6 Has The he rendered a date or dates report or reports of each and every of his report findings : 7 Present possession of said report or reports II Will you without necessity of a motion to produce allow petitioner through her attorney to examine listen to or reproduce the above referred to statements reports etc. at her own expense III Was an investigation made of the circumstances which gave . rise to the accident and injuries set forth in the original petition filed in the above numbered and captioned matter A. Name all persons who directed participated in or aided the investigation in any way B. State the capacity of each such investigator C. State the present address of each D. Date or dates on which such investigation or investigations were made E. State the name address and capacity of each person interviewed regarding said occurrence or any other matter pertinent to this litigation | IV In additiotno the aforestated please state if there are any other records documents logs contracts photographs books plans motion pictures or any other similar paraphernalia which are relevant or material to the issues in this lawsuit and with respect to each such item A. Give brief description By whom when and where prepared Present possession of same nN Will you permit petitioner through her attorney to examine copy and reproduce without the necessity of a motion to produce V. Do you have in your possession or under your control any written recorded or oral statement relative to the issues in this lawsuit taken from decedent if so attach copies to your answers to these interrogatories and state By whom taken For whom taken When and where taken Witnesses present at taking VI Please state the period of employment of decedent by the defendant and with respect to each period state A. Rate of pay B. Immediate superior during each period of employment Decedent's job classification during each period of employment The duties performed or formed by the decedent classification expected in each to be per- such job E. If terminated give reason F. Type of work decedent was performing VII Total earnings prior to injury VIII Employment Applications ~ Did the decedent complete employment application prior to employment If so state name and address of present possessor of same AW OFFICES OF 4. ALVA BROMFIELD ST LOUIS STREET JAYON SHOUSE LA Posil ELEPHON $ = 0610 IX Wa a employment interview conducted When If so Where By whom X. Please state if a employment physical was conducted and also if periodic physicals were conducted and with regard to each such physical state A. Name and address of each physician or physicians. conducting the examination B. Were rays made when where by whom and how many C. Were written reports made of all findings XI D. What abnormalities were disclosed by the physical State if the defendant has in its control and possession any other medical records or reports other than those obtained from its own examining or treating physicians and if so state the following A. Give brief description B- From whom obtained and when C. By whom was report prepared and when . | D. Where E. Will you without the necessity of a motion to produce furnish copies of these medical report or reports to petitioner's counsel XII State whether decedent was furnished with any monetary and medical benefits by defendant and if so state A- Monetary including all compensation ~- 1 Rate of pay 2. Payment made ... Period for which paid LAW OFFICES OF 1. ALVA BRUNFIELD 01 BT LOUIS STREET ATON ROUGE LA PODEL ELEPROM 355 Dets Medical benefits- 1 Payment to hospital or institution their names and addresses 2 Period for which payment made 3 Names and addresses of physicians paid 4 Amount paid to each of the above listed XIII Please list the date you or your agent received notice of the accident in his death and the injuries sustained by decedent A. Was notice written or oral resulting B. By whom was notice received c What action was taken by you through your employees or representatives after notice was received XIV Please state the times and locations at which decedent worked for you and what type of material decedent was working with on these jobs These interrogatories are to be deemed continuing so as to require supplemental answers under oath in writing from defendants at any time that additional information may be obtained after responses are filed to these interrogatories which would be furnished if the interrogatories should be continuously repeated | By Attorneys FILED JUL 24. 1958 ,, ' ------ ------,------ ----,-- CLERK CLERK DC H. ALVA BRUMFIELD SYLVIA ROBERTS 509 St. Louis Street Baton Rouge Louisiana Telephone 343-0618 70821 Rhi BY RhRihi SYLVIA ROBERTS ; CERTIFICATE I hereby certify that a copy of the above and foregoing LAW OFFICES or I ALYA BAYMFIELD BAYMFIELD 09 ST LOUIS STREET ATON ROUGE LA PO31 CLIPHONE CLIPHONE 343 - 0974 Interrogatories has this day been mailed postage prepaid to counsel of record for Travelers Insurance Company and Armstrong Contracting and Supply Corporation Mr. John I. Moore Attorneayt Law 11th Louisiana National Bank Building P. O. Drawer 2471 Baton Rouge Louisiana Baton Rouge Louisiana this day of July 1968 a: : Bo aoeOarsone SYLVIA ROBERTS . LAW OFFICES OF H. ALVA SUNFLO *** ST LOUIS STREET BATON ROUGE LA 78431 TELEPHONE 430610 430610 430610 MRS GLADYS FACIANE VERSUS * NUMBER 77,004 DOCKET NO * 19TH JUDICIAL DISTRICT COURT * PARISH OF EAST BATON ROUGE THE TRAVELERS INSURANCE COMPANY * STATE OF LOUISIANA kek ee e INTERROGATORIES PROPOUNDED BY PLAINTIFF TO DEFENDANT ABER COMPANY INC TO BE ANSWERED FULLY CATEGORICALLY AND IN WRITING UNDER OATH WITHIN THE TIME PRESCRIBED BY LAW TO I- ABER COMPANY INC through Edward W. Gray Percy McMurdo & Gray , Attorneys at Law 205 Roumain Building Baton Rouge Louisiana Please state the name of each and every person who has or claims to have knowledge relevant or material to the issues in this lawsuit and with regard to each witness state A. Lay Witnesses 1 Present address ... What events or conditions relevant or material to the issues in this lawsuit can this witness testify to 3. By whom employed at time of accident 4 Is he still employed by same employer 5 Has he rendered an oral written or recorded statement If so when and to whom a When b Where C. To whom a In whose presence 6 Present possession of original statement -- a a a oe ee a women fw were ee . - rl . wine tw ae ee cme .- nee eee a - . . oe ee ewe were ne eee ew eee pew wow See eee Lee wee meee we ee pow cee een. . - nak. we me wen ee mee ee ee le ee ee See ee ee ee ee =_- ase SD L _ mee ~e . oer wm wee wwe = - wet tm we a . nee oe - ws a www aes ok wee eee ek ee -- earn . ey were vee wee swe eee ee a Mee mwa . oe wt wee we one we ee _ a oe oe oe oa -ceee . ed . - . -_ - ee . s_ Mae ee - --: . - _ ~~ - ~ . e : ww eee . Pe we . 1 A ~ ow ae. pene ee eb eee mim tit te . +05 wesc See melee Tae oS See Se -- see ae ULSI ts an pom a POSS Ce wee ee wee 8 mol iy net : weer er tee fo fle Ll el ok wttS wc, a= we: Lltaes Ln tm Bek ==. : : e eS) 2 tel = we ee ee fell vote mee - The we 22 ee LEIA fn gp we aa t e :: ne ek wee Tags of pay eee =. * . anne wee Se eee we a -- a, = - ww SS pee eee we Mlotemee ie em we OM Oe OL wee tee = o..it --- . see FL -- -! - fie = = ewe. . . wt Litceern ete wee we . os . ve Slits fir iis cvs ene Lis such such such physical physical physical physical physical ee SlLlsll wis , sETS sETS Babee ee ne ee kn , - wee SDL. Lk ; if fleet. s Nara eM Se) els, woe wel cil. we EL _ kee wie. mee wee eee LL meee cee lle ele. wae ee Lo fe eee ADE on ae se eten Ll Biel lel. Day lige. eoLsil fienc.. to fuseee. wets BSl SUN ShistLaLi, 22 tysantia. ancciusne : a Azone iets Lie em . e - 3 ove ate ~ -. ewes oF ee tote eee, eww - bee et se eee -. 3. ses -- ee ied : oo : : . : - : . fee ea ow wee eee ae :. . a | 10 c r ' XIII Please list the date you or your agent received notice of the accident and the injuries sustained by decedent resulting in his death ; A. Was notice written or oral B. By whom was notice received C. What action was taken by you through your notice employees or representatives after was received : XIV . Please state the times and locations at which decedent worked for you and what type of material dec^'dent was working with on these jobs These interrogatories are to be deemed continuing so as to require supplemental answers under oath in writing from defendants at any time that additional information may be obtained after responses are filed to these interrogatories which would be furnished if the interrogatories should be | continuously repeated By Attorneys H. ALVA BRUMFIELD SYLVIA ROBERTS 509 St. Louis Street Baton Rouge Louisiana Telephone 343-0618 70821 a . BY My... ROBERTS SYEVIA ROBERTS I hereby certify that a copy of the above and foregoing LAW OFFICES OF M. ALKA BUMPI^ LO BUMPI^ LO 500 7 4QUIS STREET DATON ROUGE LA 70823 VELLE 243 - DOLD Interrogatories has this day been mailed postage prepaid to counsel counsel of record . for Aber Company . Inc. Mr. Edward W Gray Percy McMurdo & Gray Attorneys at Law 205 Roumain Building s;- Baton Rouge Louisiana FILED Baton Rouge Louisiana Louisiana this this 2244 day of July 1968 JUL 24 1968 ee BY CL^ NAOF COURT ~~ SYLVIA Robash ' : 775 | 775 775 at a es .t - it % a me ih NINETEENTH JUDICIAL DISTRICT COURT i i i FE | + MRS GLADYS FACLANE vs. OF THE STATE OF LOUISIANA PARISH OF EAST BATON ROUGE i z 77,004 NUMBER 77,004 ARMSTRONG CONTRACTING AND SUPPLY i, CORPORATION THE TRAVELERS INSURANCE ae yon : COMPANY THE ABER COMPANY and QUEEN INSURANCE COMPANY OF AMERICA JOINT P^ TITION nee The joint petition of MRS GLADYS FACIANE a resident of the full agej eee we of majority of East Baton Rouge Parish Louisiana hereinafter sometimes called ey Faciane ARMSTRONG CONTRACTING AND SUPPLY CORPORATION and THE ABER COMPANY | ne em hereinafter sometimes referred to as Employers and QUEEN INSURANCE COMPANY a*:e OF AMERICA and THE TRAVELERS INSURANCE COMPANY foreign insurance corporations vemwith respect represent that ve . Mes ene rene ete , business 4 On or prior to of installation September of 1959 Employers were engaged in the and were insured against liability under the Workmen | i :] Compensation Laws of the State of Louisiana by Insurance Companies Queen } 1} Insurance Company of America and The Travelers Insurance Company wHi | } q i Faciane 2 On or prior to September of 1959 Faciane's husband Clarence A. . . Sr. who was employed as an installator was injured in East Baton ' Rouge Parish as follows Petitioner alleges that her husband died as a result of lung damage caused by the inhalation of insulation material ea edcgmin om 3 ant + ie Sixty percent 65 of Clarence Faciane Sr.'s average weekly earnings is in excess of the statutory maximum weekly compensation ; benefit of Thirty and 100 Dollars 35,00 Insurance Companies " have not paid Mrs. Gladys Faciane any workmen's compensation e e eda 4 Insurance Companies have paid Mrs. Gladys Faciane no medical expense 5 Petitioner claims and contends that as a result of the aforesaid incident she is entitled to permanent and total disability benefits and is accordingly entitled to the maximum statutory indemnity and medical expense and funeral expense as afforded by.the Louisiana Workmen's CompensatiAocnt | 6 The Aber Company Armstrong Contracting and Supply Corporation The Travelers Insurance Company and Queen Insurance Company of America deny that Clarence A. Faciane Sr. suffered any accident or injury in the course and scope of his employment for Employers In the alternative Queen Insurance Company of America and The Travelers Insurance Company also contend that the * death of Clarence A. Faciane Sr. was due to causes unrelated co his employ- went for The Aber Company and Armstrong Contracting and Supply Corporation For these and other reasons Aber Company and Armstrong Contractianngd Supply Corporation contend that petitioner is entitled to be paid no workmen's compensation or medical expenses whatsoever 7 Therefore bona fide disputes exist between petitioner and Employers and Insurance Companies as defined by the Louisiana workmen's Compensation Act 8 In order to compromise and settle said disputes Insurance Companies and Employers have agreed to pay to Faciane the sum of Three Thousand One Hundred Fifty and No 100 Dollars 3,150.00 in a lump sum in full settle- ment satisfaction and compromise of the aforesaid claim subject to the approval of this Konorable Court which offer of compromise is made and a accepted primarily to end litigation e WHEREFORE pericioners pray that the proposed compromise settlement be approved by and made che judgment of this Honorable Court and that Mrs. Gladys Faciane have and recover judgment against Armstrong Contracting and Supply Corporation The Travelers Insurance Company The Aber Company and | Queen Insurance Company of America America in the sum of Three Thousand One Hundred Fifty and 100 Dollars 3,150.00 payable in a lump sum Petitioners further pray that the fee of Faciane's undersigned undersigned attorney be fixed by this Court at twenty per cent 20 of the said Three so Thousand One Hundred Fifty and 100 Dollars 3,150.00 and be paid by aan Faciane therefrom steme Petitioners further pray that The Travelers Insurance Company pay all costs of these proceedings nc te Mrs. Gladys Faqiane ': Sch Abt mew Sch * Le H. Alva Brumfield Attorney for Faciane we ARMSTRONG CONTRACTING AND SUPPLY CORP THE TRAVELERS INSURANCE COMPANY THE ABER 5 COMPANY and QUEEN INSURANCE COMPANY OF AMERICA ~ By - el3 9 Y i ! TAYLOR PORTER BROOKS FULLER & PHILLIPS re Attorneys for Armstrong Contracting and ; ae Supply Corporation The Travelers Insurance Company The Aber Company and Queen Insurance Company of America te ep ted ee : By tt ae li it wie seek RO det: nedte ek ye OUT State of Louisiana 1. . Parish of East Baton Rouge Before me the undersigned authority personally came and appeared MRS GLADYS FACIANE who being by me first duly sworn did depose and say that she is one of the petitioners in the above and foregoing petition that fact + she has read the same and that all of the allegations of tained are true and correct therein con- Also appeared JOHN I. MOORE who being by me likewise first duly " sworn did depose and say that he is a member of the law firm of Taylor y Porter Brooks Fuller & Phillips attorneys for Armstrong Contracting and Supply Corporation The Travelers Insurance Company The Aber Company and Queen Insurance Company of America four of the petitioners in the above and foregoing petition that he has read the said petition and that all of the his allegations of fact therein contained are true and correct to the best of ; knowledge information and belief t i Mrs. th if .t- Faciane oo? John I. Moore . Sworn to and subscribed before me this ? - day of hed, ; 1969 tes ae ve wate ape on ape fo: a wate wate yess _ _. ne NOTARY PUBLIC mn se . le eOmSi5emone Bilrlenie Harper inne aee ne Vem Ee e e. eins eo we e e pie 4 as) eins nbs louand Sees mane e 6 + ee: e ee se dein e wei NINETEENTH JUDICIAL DISTRICT COURT OF THE STATE OF LOUISIANA PARISH OF EAST BATON ROUGE MRS GLADYS FACIANE : vs. ARMSTRONG CONTRACTING AND SUPPLY : CORPORATION THE TRAVELERS INSURANCE : COMPANY THE ABER COMPANY and QUEEN : INSURANCE COMPANY OF AMERICA ; NUMBER 77,004 JUDGMENT This matter having been presented to the Court on the joint petition of Mrs. Gladys Faciane Armstrong Contracting and Supply Corporation The Company of Travelers Insurance Company The Aber Company and Queen Insurance ee America and the Court having been fully informed in the premises and having me discussed the proposed compromise settlement with Faciane who appeared LET accompanied te em personally before the Court ime by her attorney and it appearing we Faciane has been fully advised of her rights and the Court being of the that LA opinion that there exist between the parties bona fide disputes and that the said compromise settlement is fair and equitable and that it was entered into - SOUT primarily to end litigation IT IS ORDERED ADJUDGED AND DECREED that the said compromise serrie- | ment be and it is hereby approved and that Mrs. Gladys Faciane have and recover judgment against Armstrong Contracting and Supply Corporation The Travelers Insurance Company The Aber Company and Queen Insurance Company of America in solido in the sum of Three Thousand One Hundred Fifty and 100 Dollars 3,150.00 payable in a lump sum in full and final payment settle- ment satisfaction and compromise of all workmen's compensation and all medical expenses due her and to become due her by Armstrong Contracting and Supply Corporation The Travelers Insurance Company The Aber Company and Queen Insurance Company of America or any of them under the Workmen's Compensation Laws of Louisiana as well as any claim the said Faciane may have against them fl . en or any of them in tort account of the alleged accident on or around en eer eet September of 1959 described in the said agreement of compromise at e r IT IS FURTHER ORDERED ADJUDGED AND DECREED that the fee of Feciane attorney be fixed twenty percent 20 of the said Three Thousand One Hundred Fifty and 100 Dollars 3,150.00 and be paid by Faciane therefrom de IT IS FURTHER ORDERED ADJUDGED AND DECREED that The Travelers Insurance Company pay all costs of these proceedings Judgment read rendered and signed in Chambers on this 12 day of of a , 1969 Judge 19th Judicial District Cour 7 - RECEIPT AND RELEASE State of Louisiana Parish of East Baton Rouge March On this day of 1969 before me the undersigned ; oS authority personally appeared . a resident of the full age of majority of East Baton Rouge Parish Louisiana who acknowledged that she has this day received from Armstrong Contracting and Supply Corporation The Travelers Insurance Company The Aber Company and Queen Insurance Company of America the sum of Three Thousan Onde Hundred Fifty and 100 Dollars 3,150.00 cash in full payment settlement and satisfac tion of the aforesaid judgment and in compromise the claim described in the above entitled and numbered matter hereby releasing Armstrong Contracting andQuesd Supply Corporation The Travelers Insurance Company The Aber Company and Quesd , Insurance Company of America and the employees directors stockholders and executive officers of Armstrong Contracting and Supply Corporation The Travelers Insurance Company The Aber Company and Queen Insurance Company of America from any and all liability growing out of the said accident whether nerne eny arising under the Workmen's Compensation Laws of Louisiana or in tort wSoenen Appearer directs the Clerk of Court and Recorder of Mortgages for ren parish named in the caption hereof not to inscribe the said judgment in the eee mortgage records of his office er the ere Thus done read and passed at my office in the City of Baton Rouge Parish of East Baton Rouge State of Louisiana on the day month and year above written in the presence of the two undersigned competent witnesses who eer have hereunto signed their names a such Sm ee . or : - - wee = pawl (ee ee . : 4 ot wt fs Tr . at 2 ot Mrs. Cladys faciane en ta te mw Me OU aw. . _ ate . . . 406 NOTARY PUBLIC Filice OL Judgment of Dismissal MRS GLADYS FACIANE . VS. THE TRAVELERS INSURANCE COMPANY ET AL No. 77,004 2 19th Judicial District Court Parish of East Baton Rouge State of Louisiana In the above entitled and numbered cause now comes the plaintiff and with respect moves that said . suit be dismissed at plaintiff's costs with prejudice as to all defendants By Attorney .-_ , o ; w 4 ; aan - (fs co o.. wu H. Alva Brumfield -. pert 2 JUDGMENT J On motion of counsel for plaintiff in above entitled and numbered cause It is ordered adjudged and decreed that said suit be dismissed at plaintiff's costs with prejudic as to all defendants Done read and signed in Open Court on this 31 day of __ March 19 : Jodge 19th Judicial Cabarett Cabret This is to certify that the costs of Court incurred in the above entitled and numbered cause including this Judgment of Dismissal amounting to 345 345 " " 3350 $ 3350 _ due the Sheriff of East Baton Rouge and 3 225 due the Clerk of Court are paid in full Signed this 28 day of March 1969 Bill Bill Harper ; Deputy Clerk of Court ; c k Deputy Sheriff MRS GLADYS FACIANE VS. . THE TRAVELERS INSURANCE COMPANY NO 77,004 District Court 19th Judicial PARISH OF EAST BATON ROUGE STATE OF LOUISIANA TO- Baldwin Inc. a corporation domiciled at Trenton New Jersey doing business in the State of Louisiana vanii n sd aidiFan rishg a GREETING Original Supplemental and You are hereby summoned to comply with the demand contained in the petitions the plaintiff attached Clerk of CODIES in the above entitled and numbered cause # duly certified wh'ch CODIES the are hereto and to be herewith served or file your answer or other pleading in office of the 19th the Judicial District Court for said Parish at the City of Baton Rouge within fifteen 15 days after service hereof Your failure to comply herewith will subject you to the penalty of entry of default judgment against you day . 2 Witness the Honorable Judges of our said of March . 19_61 Court at Baton Rouge Louisiana 20th Menu Menu Menu EEvvaaiininchichEvainich Evainich Deputy Clerk of Said Court C of STS A CLASE 72,000 19th Judicial District Court PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Sundet Cork Corporation a corperation doziciled at N Bergen New Jersey through Charles Z. Dunbar rGunter D. Barks Iouis C. Claverie and Ashton Phelps agents for service of process izny Parish GREETING Lriginal umd supplemental You are hereby summoned to and spended comply with the demand contained in petition the plaintiff attached in the above entitled and numbered cause 7 duly and to be berewith served or file your answer or Copies ure certified Copies which thereto other pleading the office of the Clerk of the 19th Judicial District Court for said Parish at fifteen 15 days after service hereof Your failure to comply the City of Baton Rouge herewith will subject you within to the penalty of entry of default judgment against you Witness the Honorable Judges of our said Court at Baton Rouge Louisiana this Oth day of Warch 3 2 19 Deputy Clerk of Said Court Layer . a " . . .p* : ' Ra. SLADYS FUCIU TRAVELIAS INSURANCINSEURANCE COMPANY ton a 1973 JUDICIAL DISTRICT DISTRICT CHANE CHANE , | r PARISH OF EAST BATOS RODM * STATE OF LOUISIANA ; . e TO THE NOMORABLE THE NINETEENTH JUDICIAL AUD THE PARISH OZAST OZAST ZATON DISTRICT COURI ITSIK ROUGE STATE OF LOGISIAHN LOGISIAHN j. : | a East WHAVIC TV 6 Teer KL : Buton Rouge Parish Louisian ith a 7492 ooh fe ea. es an a we Putas, of ., * in Boat Baton R Poriah Louisions on or about tiran tiran 20 s ha That for com com Durban Claimin Claimin ne Ste ttaeniec ns Te poration 03 N Tavis fe ee rme ne te a . ~_ es 7 4 F a Pls oom ..tore Vom or lt Peas? Atle ug [oar ' ie . F 2>U se in sis breathed and : lungs which a Sap ates, 4, insted fraction a resulted in by leath re ote a> 8 4 Pues gio e ast A : 4 f . ect ee ea egret : 2, Le at peg that his employer notified Oa, et sna et time employer time the lung was was notified aflment waswas ddiissccovoevrsersdiscovers said Agastreng Cen- employment failedand the Cone . course eon of te Ceri weal shetr ae e an ty refused to pay .| patot and foe tinura aefecieanreha,tt9 idnoing CloSreenceefull the Clareanmcaes. Ashe ueosperation Ladhiscloosurerent poh poe operation tura gafeguardatfgr. of Clorence A. Facfone Sr. v,, t we ~taxiea* to wars clerenceSsSree. - Facfone ES La. Tuet te.hat, Sete Se doing ce doing falle Set ahe theorks phy be; falle a| ve &:full disclosure of ie dengers f dengers in such t ha:refurther negligent . tt Ze e th e e i wee, bute 2 Rn there eee 8 assuring A Faciene Sr. they there wereno dangers ) yee pee aww Oneby Ty . - a ci. one inherent . in such operation operation operation and by warranting warranting that such operation known safe Tas - one although the dangers were mell . to them a . . 7 * negligence That as a result of the of defendent defendent company : fu Ae its agents and acting in the course and scope of their epployment employees Facione epployment the said ClarenceClarence A. es Sr. received severe and :, consisting fatal injuries of damage to hit se lungs which caused epe in abrasions to its lungs and which resulted his death tats c : : : a * * ae stitionesrtitioner nor itenizes itenizes her daneges as follows niti xare . *. Medical eexpensexpenses incurred : $ 5,000.00 +. 004 29 = 004 f teEysweer oe aen p Funeral expenses incurred a no . Mental painanguish decessed "Mentalpainandanguish oorr petitioner . $ 12,000.00 50,000.00 50,000.00- ee EG2 Loss of supposi i a a 50,000.00 oP 3 aa Loss oflove sffection and companionship 50,000.00 50,000.00 50,000.00 ff. [ esor a total of 207,000.00 207,000.00 207,000.00 4, Is the eltornitive and in the event that petition = entitled to damages for the wrongful death of Gcr hueblad C Rae 4 Ry Frater Bae ty Cece at coe ee ayore . ek . 77004 4 one oe ee ae Te e w ee e petitioner ee in that event petitioner shows that she is entitled to merkuca's compondation ee compondation benefits benefits under the Laws of the State State of Louisiare eee 10 whe MEed That Armstrong Contracting & Supply Corporation desicile in East Baton Rouge Louisions is engaged in the coarsenes ta Parish ion business particularly insulating tork a harerdous busines busines busines within the acaning and intent of the workmen's Compensation Lais of the State of Louisiana tue 12 6A That petitioner's husband Clarence A. Faci ne Sr. Sr. v85 5 employed by said Armstrong Contracting & Supply Corporation as ; an insulstor as hereinebove alleged a h^'zardous occupation at 100.00 an average weekly wage in excess of : 4 ; Your petfoner petfoner Curther shows that the lung ailment ** ; in occupation1 disease or secidental injury within the scening tet and intent of the workmen's Compensation Laws of T Louisiana and 57579 out of and in the course and scope of ats employment me 17 Your positioner further shows that the old employer or its insurer has Chilcd and refused to pay workmen's compensation compensation wey benafits necescitating the bringing bringing of this this suit te ey 14 Oe - That on and prior to September ' 1955 there was in seme 1,cy full force and effect by the payment of premiums and other policies of workmen's compensation insurance and public lisbility , insurance Icsund by defondant THE TRAVELERS INSURANCE COMPANY in Ister of the said armstrong Contenating 2 Supply Corporation its arents and earlovecs under the which sins of which foliates 01 pozi to insure and this nify then against any and all li bilitysa le- the vortant conjessation le 13 a result of their ots, Ithee and aneordingly arid arid jarum in a proper defendunt tures, ia ~ . . ' we . oe Ahn se reve, TR we on all Patition issues 15 desires and is entitled to a trial by jury SHEREFORE SHEREFORE pititioner prays for service and citation of this petition upon the defendant and that it duly cited to appear and answer herato and after all legal delays and dua pro- petitioner judgment ceedings hadthere be herein in favor of Pan *. MRG GLADYS FACTANE and against defendant THE TRAVELERIS NSURANCE COMPANY in the sum of 207,000.00 207,000.00 207,000.00togetherwith legal interest thereon from judicial dszend until paid , In the alternative alternative and in the event that pititioner 1 not entitled . to the damages as herein prayed .for thenand in that event petitioner prays for judgment Marin ye in her favor and against compensation benefits defendant for workmen's Dos ee f Ea Ie R benefits 35.00 1959 sad 35.00 per week beginning September at the rate of continuing weekly thereafter heer for a period of 400 z vee weeks together with legsl ; weeks t- installment Interest on each past us from its maturity date until , paid and for funeral expenses in the amount of 600.00 together j with legal interest interest thereon from judicial demand watil paid ie e for for Petitioner further prays all costs and all Ret, necessary orders and generaland equitable relief Cae Attorneys SF By . . : rn ae . seis" VELM.AP GERDING - Pa VELMAROBERT ^ STURNER '' 205 AmericanBank Building . ; Beton Rouge Louisiana | me . i STATE OF LOUISIANA , J PARISH OF EAST BATON ROUGE . ; Da. on authority the j BEFORI VI undersigned undersigned deposed B. ALVA BRUMFIELD who being sworn personally appeared and said ut 7 That he is of counsel.for.petitioner counsel.for.petitionercounsel.for.petitioner counsel.for.petitionerinthe foregoing pe - _ tition thatbe has read thesame and 11 all^gstions contained ; | therein are true > and correct to the of his mae gS er knowled Fon! best knowled infor 4 ct 4 antion and ballet - : wr vy! . - . ae 7 : re ; 2 . , . - / rae . rut Li wine fT Fe NE Be. Lf ' Ole ay lle a oa Taos 1S e,. Bem UR 8 Ste 2. te gf sean, A; ^' TY : vf weer 5 ree NRS GLI PACLINE VERSUS . THE VELERS ZISURANCE COMPANY HUZIBER 77,00 DIVISION C 19TH JUDICIAL DISTRICT COURT PARISH OF RAST EATON ROUG~ STRAZ OF LOUISININ LOUISININ SUPPLAJENAL AND FREDDED FREDDED FREDDED PEPTEITTITIIOONN NOT INTO COURT comus hrs Gladys Facione plaintiff in thu above entitlod and numbered causa and with respect shows that sho desires to supplement and amend hor original petition filed herein in the following particulars wit 1 - ... / ... Your patitioner shows that of the marriago existing betwaen petitioner and decedent the following children were born namely Paciane Clarence born July 30 1933 Tommy Paul Faciane born September 1 1936 Gary Phillip Faciane born August 9 1939 Linda Marie Faciane Teber born January 10 Catherine Jean Faciane born March 8 1942 Ronald fiarkel Paciane born June 15 1943 1941 and and at the time of the death of the said Clarance . Pocitno thu minors Catherine Jean Paciane and Ronald larkel Faciane their dependent upon father for maintenance and support . were wholly 4 2 That patitioner is the duly qualified and acting natural cutrix of the minors Catherine Jean Faciane and Roneld Markel Faciane Faciane . 3 That Gary Phillip Faciano at the time of the death of the said Clarence A. . Facione was a minor who is now a major und , comes herein to be mode ^ party plaintiff 7500 7500 7500 32 A. Your petiti narnow sha that Aler Company Inc. is a corporation organized and existing under the laws of the State of Louisiana being domicilod at ry at 5575 Admins Avenue Baton Rouga Cror re: . set eh tan eo @ Louisiana with Charles I. Dumber Jr. Sumter D. Marks Louis D. Claverie and Ashton Phelps 420 Kibernic Building Louisiana es its agents for service of process New Orleans 5 " * That N. 1. Kelloggi Company is a corporation organized and existing under the Icus of the at Dover tharoin authorized to do Steta of business Delaware domiciled in the State of Louisiana by of State and having having filed the appointed proper credentials with the Secretary 8. Payna Breazeale Victor Sachso and Maurice J. Tilson as its agents for service of process 5 That & B Engineering & Supply Company is a corporation organized and existing under the laws of the State of Texas domiciled at Houston therein cuthorized to do business in the State of Louisiana by having filed the proper credentials with - the Secretary of State and having appointed the C. T. Corporation System 420 Hibernia Building Wow Orleans Louisiana as its agents for service of process That Manville Sales Corporation is = corporation neganized and existing under the laws of the State of New York New domiciled in York City therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed H. N. Robinson of New Orleans Louisiana es its agent for service of process 77005 77005 77005 33 33 8 ... Manville That Manville Products Corporation is a corporation . organized and existing under the laws of the State of New York domiciled in ilew York City therein authorized to do business in the State of a Louisling by having filed the proper credentials with the Secretary of State and having appointed 3. M. Robinson ? | | 4g of New Orleans Louisiana as its agunt for service of process 3. That Owens Corning Fiberglass Corporation is a corporation organized and existing under the laws of the State of ew York being domiciled at 717 Fifth Avenue in New York City therein actually doing business in the State of Louisiana but having failed to appoint an agent for service of process 10 That The Rubaroid Company is a corporation organized and Existing under the laws of the State of New York being domiciled at 507 Fifth Avenuo N^York City therein actually doing business in the State of Louisiana but having failed to appoint an agent for servicu of proctas 11 That U. S. Rubber Company is a corporation organized and existing under the laws of the State of New York domiciled at New York City therein zuthorized to do business in the State of Louisiana by having filed the proper credentials with the Secre- tary of State and having appointed H. H. Robinson of New Orleans Louisiana as its agent for service of process ; 12 ' That Philip Carey Hanufacturing Company is a corporation organized and existing under the laws of the State of Ohio domiciled at Cincinnati therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed C. T. Corporation System of New Orleans Louisiana as its agent for service of process 13 a .7004 .7004 That Mundet Cork Corporation a corporation organized and existing under the laws of . the State of New Jersey td domiclled aoervenas. | & @ at H. Borgen therein authorized to do business in the State of Louisiane by having filed the proper credentials with tho Secretary of State and having appointed Charles E. Dunbar Jr. Sunter D Marks Louis B. Claverie and Ashton Phelps as its registered agents for service of process 14 and That Nicolst existing under the Industries laws of the Inc. is ^ corporation organized State of Nai Jorsey being domiciled at 1 Nicolet Avenue Florhan Park therein actually doing appoint business in the State of Louisiana but having failed to an agent for service of process 15 That Glass Pibers Inc. is a corporation organized and existing under the laus of the State of Ohio domiciled at 180 Hadison Avenue Toledo therain actually doing business in the State of Louisiana but having failed to appoint an agent for service of process 16 That Keasby & Mattison Company is a corporation organized and existing under the la^,,s of the State of Pennsylvania domiciled at 1960 Butler Avenue Ambler Pennsylvania actually doing business in the State of Louisiana but having failed to appoint an agent for service of proce35 17 That Ealdwin Inc. is corporation organ- under ized and existing the laws of the State of New Jersey domiciled at 1153 Breunig Trenton New Jersey actually doing Lusiness in the State of Louisiana but having failed to appoint an agent for servies of process , 004 33- 004 ized 18 5 That Eagle Picher Company Inc. is a corporation organ- under and existing of domiciled RE ee PE laws the of the State of Ohio . . gate Secaetony wcnh ta OER domiciled domiciled pte. domiciled * ot domiciled aPePee . at Cincinnati therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed Charles E. Dunbar Jr. Sumter D. Marks Jr. Louis B. Claverie and Ashton Phelps as its registered ugents for service of process 19 . That Arrowhead Products Inc. is a corporation organized and existing under the laws of the State of California being domiciled at 2348 Curry Street Long Beach California actually doing business in the State of Louisiana but having failed to . appoint an agent for service of process 20 That H. I. Thompson Piber Glass Company is a corporation organized and existing under the laws of the State of California being domiciled at Cardova actually doing business in failed to appoint an agent : and the for Budlong Los Angeles California having State of Louisiana but : service of process 21 That Pittsburg Corning Corporation is a corporation organized and existing under the laws of the Stato of Pennsylvania domiciled at Pittsburg therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secretary of State and having appointed C. T. Corporation System as its agent for service of process 22 \ That Armstrong Contracting & Supply Corporation is a foreign corporation organized and existing under tho love of the State of Delaware e domiciled at Wilmington therein authorized to do business in the State of Louisiana by having filed the : proper credentials with the Secretary of State and having appointed C. T. Corporation System of New Orleans Louisiana as its agent for * wo Sa debitsayewe 9 @ service of process 23 That organized and R. J. Reynolds existing under Tobacco Company the laws of the is a foreign State of New corporation Jersey domiciled at Jersey City therein authorized to do business in the State of Louisiana by having Elled the proper credentiala with the Secretary of State and having appointed Harry McCall and Leonard Sarpy of New Orleans Louisiana as its a~ents for service of pro- cess 24 That P. Lorillard Company is a corporation organized and existing under the laws of the State of New Jersey domiciled at Jersey City therein authorized to do business in the State of Louisiana by having filed the proper credentials with the Secre- tary of State and having appointed C. T. Corporation System of New Orleans Louisiana as its agent for service of process 25 . Your petitioner now shows that during the years 1954 and 1955 the decedent Clarence A. Faciane was employed by defendant Aber Insulation Company as an insulator 26 That during the said period of time the Aber Insulation Company contracted for an installed insulation on the American Cynamid Company Project in Orleans Parish Louisiana on which Job foam glass fiberglass and unibestos were used and the said Clarence A. Faciane was required to install said insulation benefit without the of respirators or inhalators or other pro- tective devices 27 17004 1700417004 37 37 That during the year 1956 the decedent was employed by McCarthy & Branton as an insulator on the State welfare Building Project in Baton Rouge Louisiana on which job vegetable cork a Fiberglass and Foam Glass vere used and the . ie * ps og . a a said Clarence A. Faciane was required to install such insulation protective without the benefit of respirators or other devices 28 That during the year 1957 the decedent was employed Esso Ly M. W. Kellogg & Company on a construction project at Standar 01d1 Company in Baton Rouge Louisiana on which project the said Clarence A. Paciane was required to install asbestos foam gass and fiberglass without the benefit of respirators or ~ other protective devices 29 That during the year 1958 the decedent was employed by defendant Armstrong Contracting & Supply Corporation on the construction of Fidelity National Bank in Baton Rouge Louisiana the Library Building in Baton Rouge Louisiana and during 1959 on the Graco Chemical Company Project in East Baton Rouge Parish Louisiana on each of which jobs the said decedent was required to install foam glass fiberglass asbestos and asbestos mud without the benefit of respirators or other protective devices , 30 Camel That on and prior to the year 1931 Cigarettes manufactured by defendant the decedent smoked R. J. Reynolds Tobacco Company and continued to smoke said Camel Cigarettes continuously until on or about 1955 31 death his That from about the year 1955 until the time of on or about March 20 1960 the decedent smoked Xent Cigarettes manufactured by defendant P. Lorillard & Company 32 17004 17004 That the decedent switched to Kent Cigarettes because of advertisements and assurances of safety and warranties that that product was wholesome and was safer and less harmful than the filter tip cigarettes woe OWT le le oe + A BAL TeE ol Lena ele cad 33 That the decedent became a confirmed tobacco addict and was unable to stop smoking. 34 Your petitioner now shows that the decedent Clarence .. Faciane during 1955 became ill because of damage to his lungs and internal organs and that his condition grew progress- ively worse until his death on or about March 20 1960 35 Your petitioners now show that the doctrina of reg ipsa loquitur is applicable to the facts herein 36 Your petitioner now shows that the death of the said Clarence A. Faciane Aber Company Inc. was caused by M. W. Kellogg the negligence of the defendants & Company & B Engineering & Supply Company and Amstrong Contracting & Supply Corporation in failing to warn the said Clarence A. Paciane of the danger inherent in using the insulating material in failing to supply and furnish safeguards for the use of the decedent in failing . to furnish the decedent with a safe place to work in giving oo | assurances of safety to the decedent and in failing to make a full disclosure of dangers inherent in such operations 37 7004 39 39 Your petitioners now show that the death of the said Clarence A. Faciane was further caused by the negligence of the defendants Manville Sales Corporation Manville Products Corporation Owens Corning Fiberglass Corporation Ruberoid Company U. S. Rubber Company Philip Carey Manufact- uring Company Mundet Cork Corporation Nicolet Industries Inc. Glass Hill Fibers Inc. Keasby & Mattison Company Baldwin Inc. . Eagle Picher Company s Inc Arrowhead Products Inc. i > II I Thompson Fiber Glass Company and Pittsburg Corning Corporation in failing to warn the decedent of the dangers inherent in jobs by the the products decedent in manufactured assuring the by them and used said Clarence A. on the Faciane that there were no dangers inherent in said products in manu- freturing the said products with the use of dangerous and the ^<fectivematerials and in warranting said products weza without defects or vices 38 That the death of the said Clarence A. Faciane was further caused by the negligence of the defendants R. J. Roynolds Tobacco Company and P. Lorillard & Company in adver- and tising distributing selling its tobacco and cigarettes without warnings in giving assurances of safety in the sell- ing advertising and distributing its tobacco and cigarettes und in manufacturing processing mixing and using the in- gredients and tobaccos that its products were which decedent smoked and in warranting wholesome harmless and without defects or vices 39 their That as agents and a result of the negligence of the defendants employees acting in the course and scope of their fatal employment said Clarence A. Faciane injuries consisting of damage to his received severe and lungs which caused abrasions thereto resulting in his death 40 Your petitioner Mrs. Gladys Faciane her damages as follows wit now itemizes : Medical expenses incurred Our Lady of Lake Hospital Dr. Richard Selser-- Dr. Charles A. Beskin Dr. Albert McQuown- 2,007.41 410.00 265.00 150.00 Tt Bom cee ait DL RY ce T an. i Funeral Expens+e . a s $ 2,000.00 Mental pain and anguish of deceased-- . en. weccrs ee woeeene 50,000.00 50,000.00 Mental pain and anguish of petitioner Seated 50,000.00 50,000.00 of Loss support- --- 50,000.00 50,000.00 Loss of love ^ ffection and companionship or a total of 204,832.41 204,832.41 w~e- 50,000.00 a . 41 Petitioner Mrs. Gladys Faciane on behalf of the minor Catherine Jean Faciane follows 7 itemizes her damages as Mental pain and anguish of deceased- - , . 15,000.00 15,000.00 Mental pain and anguish of the minor- 15,000.00 Loss of support 3 years - 6,000.00 Loss of love and guidance-- companionship ones or a total of 51,000.00 ~-- 15,000.00 42 Petitioner Mrs. Gladys Faciane on behalf of the minor Ronald Markel Faciane itemizes his damages as follows Mental pain and anguich of 15,0015,00 00.00 . 15,0 0000 .00 Mental pain petitioner- and anguish of eteetadete tate! 15,000.00 15,000.00 Loss of love companionship and guidance or a total of 45,000.00 . flflfl15fl,000.00 44 17004 are not In the alternative entitled to damages and for in the event the wrongful that petitioners death of the said Clarence A. Faciane then and in that event they are entitled | a. to workmen's Compensation Benefits under the laws of the State of Louisiana 45 That defendants Armstrong Contracting & Supply Corporation Aber Company M. W. Kellogg & Company and & B Engineering & Supply Company were each engaged in the con- struction business a hazardous business within the meaning and intent of the Workmen's Compensation Laws of the State of Louisiana 46 That the decedent was employed by each of the said defendants as an insulator a hazardous occupation at an average weekly wage in excess of 100.00 47 Petitioners now show that they reiterate each and . every allegation of the original petition filed herein except as herein amended WHEREFORE petitioners pray that this supplemental and amended petition be filed and allowed and that there be service and citation according to law and after all legal delays and due proceedings had that there be judgment herein in favor of petitioner Mrs. Gladys Faciane and against the defendants Aber Company Inc. M. W. Kellogg & Company BB Engineering & Supply Company Armstrong Contracting & Supply Corporation Travelers Insurance Company Manvi Sales Corporation Manville Products Corporation Owens Fiberglass Corning Corporation Ruberoid Company U. S. Rubber | Company Philip Carey Manufacturing Company Mundet Cork Corporation Nicolet Industries Inc. Glass Fibers Inc. Keasly & Mattison Company Baldwin Inc. Eagle Picher Company Inc. Arrowhead Products Inc H. I. Thompson . not tee od oe : wer Peteat . . 5 TiS Dasfaa reter been etd Ne Sete nye wed tes iZtSe <snmrvancceiancia Fyete Reynolds Reynolds Tobacco Tobacco Company and Lorillard Lorillard da %Olido, & Company of the full 204,832.41 204,832.41 204,832.41 in petitioner favor minor, Jean Jean Gladys Faciane Faciane behalf the tn Faciane Faciane and against solido the full full) the defendants defendants of sum 51,000.00 petitioner Phillip Phillip and Faciane Faciane favor in solido the full sum sum and defendants with legal interest each 45,000.00 45,000.00 of said Saig together with Until paid #re not the to damages ag herein prayed are entitled then and in in damages Mrs. Gladys Paciane that event use and benefit of Individually and for the the minors Catherine F^ciane F^ciane Markel Faciane prays that there judgment and and favor and judgment herein against the in w, defendants Aber Company Inc. Kellogg & Company & B Engineering Supply Supply Company ance Company in solido for at the rate of 35.00 per Workman's and Travelers Insur- Compensation Benefits Judicial demand until og paid ewe ee reas Petitioners further pray for al2 ae orders general costs, alt Necessary ms general equitable relief Tn By Attorneys; R. VELMA GERDING ROBERT ROBERT TURNER ROBERT gf. TURNER om ahab re, Baton Baton Rn Ban Baton Rouge, Lo . 4 30. 77,00 KINETEENTH JUDICIAL DISTRICT COURT PANISH OF EAST BATON ROUGE STATE OF LOUISIANA DIVISION C DOCKET NO MRS GLADYS FACIANE VS FILED FILED FILED FILED FILED THE TRAVELERS INSURANCE CO ET AL May 15 19619161 . Jashis Jashis JJueldon Jueldon Jashis Deputy Clerk EXCEPTION TO THE RATIONE PERSONAE CITATION AND ON BEHALF OF TO THE JURISDICTION THE DEFENDANT DALDWIN INC TC THE HONORABLE THE JUDGES COURT FOR THE PARISH OF EAST DIVISIGE C OF THE KINETEENTH JUDICIAL DISTRICT BATON ROUGE STATE OF LOUISIANA Now into court through its undersigned counsel comes Holdwin Inc. made defendant herein appearing solely for the purpose of urging the following exception and excepts to the citation on the following grounds wit Exception to Citation and The citation potition addressed to the exceptor Baldvin inc vas served through the Secretary of State for the State of Louisiana on , that said service is defective null and void for the reason that the Secretary of State for the State of Louisiana has never beer designated as an agent for the service of process by the Baldvin Inc. and because exceptor is not engaged the in ousiness activities in State of Louisiana as set forth in Article 17 of the supplemental and amended petition out on the contrary is neither domiciled nor doing business in the State of Louisiana and therefore cannot be cited and served through the Secretary of State of the State of Louisiana Exception to the Jurisdiction Ratione Personag Quia Defendant Jaldwin Inc. further appearing Sor y Sor the purpose of arging these exceptions incepts to the we or jurisdiction the court ratione personae on the following grounds vit That exceptor is not engaged in business activities in the State of Louisiana as set forth in Article 17 of plaintiff's supplemental and amended petition but on the contrary is neither domiciled in nor doing business in the State of Louisiane and that this Honorable Court is without jurisdiction ratigne personae WHEREFORE exceptor prays that these exceptions be maintained and the plaintiff's suit be dismissed as to the exceptor Baldwin Inc. at the and for all general and equitable relief plaintiff's costs LEMLE & KELLEHER By Carl J. Schumacher Trial Att i 1336 National Bank of Commerce Building New Orleans Louisiana FILED MAY 15 1961 Jackie Scully Scully DY CLERK OF COURE ere , PPT a <i , eye HORN Swe Law Offices or LEMLE & Kelleher NATIONAL ADF ADF Commsnet BUILDING : 77004 77004 77004 77004 toens 44 LENM~ A NEW ORLEANS 12 Augu 6 s 19t 63 Stem Louis O Lance aie 2080) d Lemze . HELLENEN HELLENEN SOUCHON MARTIN MUGLE MUGLE SemmaCHER SemmaCHER SemmaCHER F. JORDAN .. CluseMBUNL CluseMBUNL CluseMBUNL CluseMBUNL MUST MOSS JA R.F^ RTE NOT Clerk of Court 19th Judicial District Court Farish of East Baton Rouge East Bato Bouge Farish Courthouse Baton Rouge Louidena Dear Sir Re No. 77,004 " Division C - Mra Gladys Faciane v The Travelers Insurance Company - 19th JDC Our File 61-284 I eaclose interrogatories which ve are the plaintiff Please file these propounding to of the case interrogatories in the record I would appreciate your acknowledging receipt and filing of these interrogatories on the copy which is enclosed and returning it to me in the enclosed addressed stamped envelope Very truly yours LEMLE & KELLEHER AHH mah Enclosures Albert H. Hanemann Jr. yay aB)eeps 0 OS a Ae * (Sh HINZTEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIAN 30. 77,004 DIVISION C MRS GLADYS FACIANE Paled ** PERE Versus THE TRAVELERS INSURANCE COMPANY 1963 7.7 . [aoe Deputy Clerk RE EEE ER EREMEREREKEVESERHEN FPSO ERHEHHEB ERE RH # INTERROGATORIES PROPOUNDED ON BEHALF OF THE RUBEROID COMPANY NICOLET INDUSTRIES INC AND BALDWIN INC TO Mrs. Gladys Faciane Under the authority of Article 1491 of the Louisima Code of Civil Procedure you are directed to answer the following interrogatories in writing and under oath within fifteen days of your receipt hereof 1 In Article 37 of your Supplemental and Amended Fetition you allege that The Ruberoid Company Nicolet Industries Inc. " and the Beldvin Inc. were negligent decedent of the dangers inherent in the in failing to varn products manufactured by them and used by the decedent , Please specify the particular product or products to which you refer which were manufactured by these three defendants 2 5 Use Specify the jobs on which each of these allegedly products were used and state the approximate dates of dange- their 3 Specify the dangers inherent in the products manufac- sured by these three defendants 4 What dangerous and defective materials were used manufacturing the said products manufactured by these three lo de- fendants LEMLE & KELLEHEA BY P Carl GlumacheJr r. Albert H. Hanemann Jr. Attorneys for The Ruberoid Nicolet Industries Inc. pmpany Baldwin Inc. 1836 National Bank of Commerce New Orleans 12 Louisia Building CERTIFICATE CERTIFICATE I certify that a copy of the above and foregoing Inter- gatoriehs as been The United States 203 Aperican Bank of August 1963 served on H. Alva Brumfield by placing same in mail postage prepaid Building Baton Rouge addressed to his offices ofices offices - Louisiana this They They They X. X. , Albert H. Hanemann Jr.j ACE . - 1203 ut beingbeing U anede MRS GLADYS FACIANE VERSUS Tot Ble THE TRAVELERS INSURANCE ee COMPANY ET AL NUMBER 77,004 DIVISION C . 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA ANSWERS TO INTERROGATORIES PROPOUNDED BY DEFENDANTS THE RUBEROID COMPANY NICOLET INDUSTRIES INC AND BALDWIN INC . NOW INTO COURT through undersigned counsel es comes Mrs. Gladys Faciane plaintiff in the above captioned tet matter who answers the interrogatories propounded to her Cee as folloWS "Lobe 1 Insulation materials the exact name of which is unknown to plaintiff 2 Petitioner does not have this information but as soon as this information is obtained it will be furnished to defendant 3 Insulating materials and asbestos fibers will cause al ' tissue reaction in the lungs j 4. Petitioner does not have knowledgoef the identity f < of the materials used in the manufacture of products i manufactured by the defendant : By Attorney Alla i H. ALVA BAUMFIELD i 205 American Bank Building Baton Rouge Louisiana | CERTIFICATE | ij co I hereby certify that a copy of the foregoing Answers e to Interrogatories has this day been mailed postage prepaid i addressed to Albert H. Hanemann Jr. Esquire 1836 National Bank of Commerce Building New Orlean Ls a | t Bac nRouge La December 16 1963 gor. . i aia e wee H. ALVA BRUMFIELD MRS GLADYS FACIANE NUMBER 77,004 DIVISION C VERSUS ; "e THE TRAVELERS INSURANCE COMPANY ET AL 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA ANSWERS TO INTERROGATORIES : . BEFORE ME the undersigned authority personally came and appeared Mrs. Gladys Faciane plaintiff in the above entitled and captioned matter who after by me being duly sworn did answer the interrogatories propounded by defendant Aber Company herein as follows 1 Clarence Alfonso Faciene Sr. born September 1 1898. at Slidell Louisiana Social Security Number 434-05-4064 2 Unknown >... 4, This information is not available to plaintiff at this time . . is This information not available to plaintiff at this time 5 Yes 6 - 7 ee Clarence A. Faciene Sr. worked with materials including but not limited to the following foam glass fiberglass asbestos vegetable cork rock cork hair felt asbestos powder asbestos cement unibestos 85 magnesium sponge felt . asbestos aud and Autopsy report work records and hospital records Mrs Faccane MRS GLADYS FACIENE SWORN TO AND SUBSCRIBED BEFORE ME this ..2- day of 0 ft eee Ze , 1963 -. te2 are x NOTARY PUBLIC mes e Oe 10 EXHIBIT KN em om CERTIFICATE | I hereby certify that a copy of the foregoing Answers 4 to Interrogatories has this day been mailed postage prepaid addressed to Edward W. Gray Esquire 205 Roumain Building Baton Rouge Louisiana counsel of record for defendant : Aber Company we : a Te Baton Ps cg Rouge Louisiana , 1967 this - 7 li day of i 3 oa a ta e COanT e foE re -- H. ALVA BRUMFIELD rns re NOTICE OF ORDER OF JUDGMENT IN COMPLIANCE Record WITH LOUISIANA REVISED STATUTES OF 1950 = 3346 Re- eee eure eh oy ee oie 2 wy VS NESTESIERS NESTESIERS INSURANCE CO -- 7,30 No 7,30 EN Div 19th JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA _bert _bert H. Hanemann , 5503 GREETING You are hereby notified that a decision was rendered and spread on the of Div 1965 mi on the day of JuneJune in the above entitled and numbered cause and the following is a true copy of the entry of said decision Considering the exception of vagueness filed onbehalf Compay The Rubercid Compay licles licles Inqustries Inc. und the court considering the pleadings the low and the evidence being in favor of exceptors it is therefore criorel juizeianu decreed that said exception aanndd nanma e me products products the products products Alegedly Al egedly Allegedly Alegedly Alegedly Allegedly Allegedly I i uictured uictured uictured uictured uictured uictured uictured uictured by by exceptors exceptors exceptors exceptors exceptors exceptors exceptors , to to name namename name ske ske ske jobs on which the ics were used by the eceiens to name the employers who purchased in used the pro_ucts minullctured by exco ors and in whit respects the pros pros were lefectiva os. creas szerow and jefective saterials were is in the products ma tt Tle vileged inherans On :i ungers in the rocubts failure to end her retition in recordance herewith within 30 loya 22 this hate lintiff's suit to be dismisses 5 co thes excentors excentors 0 0 Oral decision ( ) Written decision a copy of which is enclosed herewith Thus done signed and mailed at Baton Rouge Louisiana on this day of _ dine__. we ee 19 Haye Clerk of ges C . LAW OFFICES OF LEMLE & Kellehea NATIONAL BANK OF Cot Quito cored CABLE CABLE LEMMOR ADDRESS . 77004 7700477004 . x \ NEW ORLEANS ORLEANS 12 July 22 1965 SEUM & LEMLE 1916 960+ LOUIS G LEHLE KELLEHEN MARRY B. KELLEHEN MARRY V SouchaN CHARLES MOHLMETER.A MOHLMETER.A Gramok ' HN MARTIN RUBLEY RUBLEY CARL THOMAS SCHUMACHER JORGAN THOMAS ...JORGAN WILLIAM STEIN.J JR CHARLES ^ LUDENSUHL ~ MURPHY MOSS.JA. MOSS.JA. ALLEN A FONTENGT GEORGE A FRIEST IN ee SHIRLEY C. FRISNO.J BUCANER BARKLEY BARKLEY JR ALBERT H HAN~ HANN OA Ocano 5. MCGLINCHES PAUL DEAL JAMES A CHURCHILL THOMAS W THORNJA THORNJA PAUL E. MURLEY DAVID L.CAMPBELL L.CAMPBELL RICHARO M TROY Ja Clerk of Court 19th Judicial District Court Parish of East Baton Rouge Courthouse Building Baton Rouge Louisiana Dear Sir Re 77,004 vs. The - Mra Gladys Faciane Travelers Insurance Co. I enclose herewith the original and two copies of a Motion to Dismiss to be filed in the captioned matter Please present the Motion to the Judge for his signature and when it is signed please send me two certified copies | Very truly yours LEMLE & KELLEHER AHH PE Enc Albert H. Hanemann Jr.