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SUPREME COURT OF LOUISIANA
No. 95-C-1830 ROGER KIRKLAND Versus RIVERWOOD INTERNATIONAL USA, INC. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, STATE OF LOUISIANA

LEMMON, Justice.* In this personal injury action arising out of a workplace accident, this court is called upon to interpret the standard for determining, under La. Rev. Stat. 23:1061 as amended in 1989, whether contract work falls within the trade, business or occupation of an alleged principal who is asserting a statutory employer defense.

Facts At the time of the accident, plaintiff was an employee of Republic Contractors, a subcontractor on a modernization project at a pulp mill operated by Riverwood International USA, Inc. Riverwood, which was engaged in the business of producing paper products at its mill, contracted with Republic for construction work in various

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II,

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