Hollowell, et al v. Kaiser Aluminum

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 13, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30749
Summary Calendar
TERRY HOLLOWELL; JILL HOLLOWELL
Plaintiff-Appellants
versus
KAISER ALUMINUM AND CHEMICAL CORPORATION
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CV-10-K
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Terry Hollowell and Jill Hollowell (hereinafter Plaintiffs)
filed suit in the district court of the Parish of St. James,
Louisiana against Terry Hollowell’s employer, Kaiser Aluminum and
Chemical Corporation (hereinafter Defendant) seeking recovery of
damages for injuries sustained by Terry Hollowell on December 27,
2002 when he fell approximately forty feet from the top of a
facility he was working on during the course of his employment by
Defendant and sustained serious and permanent injuries as a result.

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No. 03-11266
-2-
Plaintiffs assert that these injuries were the result of
intentional acts of Defendant and therefore constitute an exception
to the provisions of the Louisiana Workmen’s Compensation Act.
Defendant removed the case to the U.S. District Court for the
Eastern District of Louisiana on diversity of citizenship and moved
for summary judgment on the grounds that Plaintiffs’s exclusive
remedy against Defendant was under the Louisiana Workmen’s
Compensation Act. The district court granted the motion for summary
judgment and Plaintiffs appeal.
We have carefully reviewed the briefs and the record excerpts
and for the reasons stated by the district court in its order filed
under date of June 30, 2004, we affirm the judgment entered by the
district court under date of June 30, 2004, dismissing with
prejudice Plaintiffs’ claims. AFFIRMED.

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