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CITY OF NATCHITOCHES v. COX

No. 445.

135 So.2d 302 (1961)

CITY OF NATCHITOCHES and Waterworks District #1 of the Parish of Natchitoches, Louisiana, Plaintiffs and Appellants, v. E. D. COX, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

December 11, 1961.

Attorney(s) appearing for the Case

Watson, Williams & Brittain, by Arthur C. Watson, Natchitoches, for plaintiffs-appellants.

John Makar, Natchitoches, for defendant-appellee.

Before SAVOY, FRUGE and CULPEPER, JJ.

CULPEPPER, Judge.

This is an expropriation proceeding. Plaintiffs are in the process of building Sibley Lake Water Reservoir to contain 2,000 square acres, with a fixed normal water level of 116 feet above mean low sea level. The engineers have estimated that in periods of excessive rain the water level could go as high as 122 feet above mean sea level. Plaintiffs seek to expropriate fee title to all lands lying below the 116 foot

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