Employers Liability Assurance Corp. v. Kelly

Supreme Court of Louisiana February 20, 1967

Employers Liability Assurance Corp. v. Kelly, 250 La. 254 (La. 1967)

195 So. 2d 142; 1967 La. LEXIS 2816

Granted, Sanders, Should, Summers

Opinion of the Court

In re: Hubert T. Kelly applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of St. Tammany. 192 So.2d 813.

*255Writ refused. Since R.S. 23:1311 provides the same remedy exerted by plaintiff herein it is immaterial that this suit is brought as a declaratory judgment action.

SANDERS, J.,

is of the opinion that a writ should be granted to review the propriety of the declaratory judgment action in this case, a question of importance to the jurisprudence.

SUMMERS, J., is of the opinion that a writ should be granted.

Reference

Full Case Name: The EMPLOYERS LIABILITY ASSURANCE CORPORATION, Ltd. v. Hubert T. KELLY
Status: Published