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HAYS v. STATE

No. 37,229-CA.

856 So.2d 64 (2003)

James Michael HAYS and Belinda Hays, Plaintiffs-Appellants, v. STATE of Louisiana, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 23, 2003.

Attorney(s) appearing for the Case

Kitchens, Benton, Kitchens & Newell, by Daniel W. Newell and Paul Kitchens, for Plaintiffs-Appellants, James Michael Hays and Belinda Hays.

Stamey & Miller by Joseph B. Stamey and David A. Peterson, for Defendant-Appellant, State of La. Through The Board of Supervisors of The University of Louisiana System on Behalf of Grambling State University.

Hudson, Potts & Bernstein, by Jay P. Adams, for Defendant-Appellee, Town of Grambling.

Gold, Weems, Bruser, Sues & Rundell, by Edward E. Rundell, for Third Party Defendant Meyer, Meyer, Lacroix and Hixson, Inc.

Before GASKINS, PEATROSS and MOORE, JJ.

GASKINS, J.

This appeal arises from the alleged discharge of untreated or improperly treated sewage into a stream that crosses the plaintiffs' property. Trial was bifurcated such that the trial judge determined the liability of and damages assessed against the Town of Grambling ("the Town"), while a jury determined liability and damages as to the other parties. As a result of this bifurcation, the jury awarded a total of $145,000 in property damages and assessed 44...

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