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PEART v. STATE

No. 142.

125 So.2d 673 (1960)

George Douglas PEART v. STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 11, 1961.

Attorney(s) appearing for the Case

D. Ross Banister, Glenn S. Darsey, Francis X. Vinet, Baton Rouge, for defendantappellant.

Gold, Hall & Skye, by Leo Gold, Gravel, Sheffield & Fuhrer, by David Sheffield, Alexandria, for plaintiff-appellee.

Before TATE, FRUGE and HOOD, JJ.

HOOD, Judge.

Plaintiff, George Douglas Peart, instituted this suit against the Department of Highways of the State of Louisiana to obtain payment for land taken by defendant for highway purposes and for damages occasioned by the taking. Plaintiff was specifically authorized by the Legislature of the State of Louisiana to institute this suit (Act 463 of 1954). Defendant filed an exception alleging the unconstitutionality of Act 463 of 1954, an exception of no right...

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