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STATE EX REL. DEPT. OF HWYS. v. WM. T. BURTON INDUSTRIES, INC.

No. 43154.

91 So.2d 375 (1956)

231 La. 360

STATE of Louisiana through the DEPARTMENT OF HIGHWAYS v. WM. T. BURTON INDUSTRIES, Inc. In re State of Louisiana, through the Department of Highways, Applying for Writs of Prohibition, Certiorari and Mandamus.

Supreme Court of Louisiana.

Rehearing Denied December 10, 1956.

Attorney(s) appearing for the Case

W. Crosby Pegues, Jr., D. Ross Banister, Glenn S. Darsey, Baton Rouge, for plaintiff and applicant.

Lawes, Cavanaugh, Hickman & Brame, Lake Charles, for respondent.

McCALEB, Justice.

Pursuant to powers delegated by the Constitution (Section 19.1 of Article 6, as added by amendment adopted on November 2, 1948) the Legislature, by Act 107 of 1954, which became Part XVIII of Title 48 of the Revised Statutes, authorized the State, through the Department of Highways, to take property for highway purposes by ex parte orders in expropriation suits prior to judgment therein under certain conditions stated in R.S. 48:442, 443 and 444...

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