# Affiliated Enterprises, Inc. v. Louisiana State Board of Embalmers & Funeral Directors

> Louisiana Court of Appeal · May 12, 1987 · 508 So. 2d 124

URL: https://www.frixlaw.com/law-library/cases/7558463

## Case

- **Full name:** AFFILIATED ENTERPRISES, INC. v. LOUISIANA STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS
- **Court:** Louisiana Court of Appeal
- **Decided:** May 12, 1987
- **Citations:** 508 So. 2d 124; 1987 La. App. LEXIS 9452
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hufft
- **Judges:** Garrison, Gulotta, Hufft, Tern
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7558463

## Opinion text

HUFFT, Judge,
concurs in part, dissents in part.
I find as did the Louisiana State Board of Embalmers and Funeral Directors that the PSV unit in question is a casket as defined in R.S. 37:831:
“Casket means a container, usually constructed of wood, metal, or manufactured materials such as plastic or fiberglass, in which a dead body is placed for religious services or other rites or ceremonies, for transportation, or for other disposition.”
Even if the purchaser at the time of the sale does not intend to use the unit for religious services, other rites, or ceremonies, the PSV unit would still be a container constructed of manufactured materials such as plastic or fiberglass in which a dead body is to be placed for transportation or for other disposition. While the PSV unit may be somewhat different from a conventional casket, it nevertheless is a casket within the meaning of R.S. 37:831. Accordingly, I would require the defendants to comply with the provisions of R.S. 37:861 and R.S. 37:848(A) at the time of the sale of the PSV units.
However, I would concur in the setting aside of the two $2,500.00 fines levied by the Board.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7558463. Public record. Not legal advice.