John Sidney McKean v. W. Horace Williams Company, Inc.

280 F.2d 267, 1960 U.S. App. LEXIS 4137

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 28, 1960
• Docket: 17776
• Status: Published

Opinions

PER CURIAM.

Appellant, plaintiff below, sued defendant, appellee, for the benefits provided by the Louisiana Workmen’s Compensation Act, LSA-R.S. 23:1021 et seq., and, in addition, sought to recover statutory penalties and attorneys’ fees under LSA-R.S. 22:658. ■

The district judge, in a careful opin-' ion,¹ found for the plaintiff on the claim for compensation but, on the authority of Sumrall v. J. C. Penney, La.App., 101 So.2d 758, then pending in the Supreme Court, denied the claim for statutory penalties and attorneys’ fees, “preserving * * * to the plaintiff the right to raise the point on appeal, by which time the Supreme Court of Louisiana will doubtless have decided the issue”.

On April 25, 1960, the Supreme Court affirmed the denial of statutory penalties and attorneys’ fees in the Sumrall case,² and on its authority we affirm the district judge’s denial of penalties and attorneys’ fees in this case.

Affirmed.

1 . 166 F.Supp. 526, 529.

2 . 120 So.2d 67.