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HORNSBY v. STATE

No. 144.

125 So.2d 682 (1960)

Mrs. Willie Hudson HORNSBY et al. v. STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 11, 1961.

Certiorari Granted March 13, 1961.

Attorney(s) appearing for the Case

D. Ross Banister, Glenn S. Darsey, Francis X. Vinet, Baton Rouge, for defendant-appellant.

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

Before TATE, FRUGE and HOOD, JJ.

HOOD, Judge.

Plaintiffs, Mrs. Willie Hudson Hornsby and Mr. Malcolm Hornsby, 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. Inasmuch as the issues presented by the exceptions of unconstitutionality, no right or cause of action, res judicata, and prescription filed by the defendant are identical to those issues raised in Peart...

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