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DEPARTMENT OF HWYS. v. SOUTHWESTERN ELEC. POW. CO.

No. 45599.

145 So.2d 312 (1962)

243 La. 564

DEPARTMENT OF HIGHWAYS of the State of Louisiana v. SOUTHWESTERN ELECTRIC POWER COMPANY.

Supreme Court of Louisiana.

On Rehearing June 29, 1962.

Second Rehearing Denied October 3, 1962.

Dissenting Opinion October 16, 1962.

Attorney(s) appearing for the Case

D. Ross Banister, Philip K. Jones, George W. Lester, Thomas A. Warner, Jr., William J. Doran, Jr., Baton Rouge, for relator.

Provosty, McSween, Sadler & Scott, Alexandria, Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, Monroe & Lemann, Chaffe, McCall, Phillips, Burke, Toler & Hopkins, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, Tucker, Bronson & Martin, Shreveport, Plauche & Stockwell, Lake Charles, for amici curiae.

C. Huffman Lewis, Arthur R. Carmody, Jr., Wilkinson, Lewis, Madison & Woods, Shreveport, for defendant-respondent.

John R. Pleasant, Harry V. Booth, Booth, Lockard, Jack, Pleasant & LeSage, Shreveport, for intervenor-respondent.

SUMMERS, Justice.

The Trial Court and Court of Appeal rendered judgment adverse to the claims of the Department of Highways in this suit for a declaration of rights relating to its exercise of the police power. The matter is before this Court on writs granted to review the judgment of the Court of Appeal, Second Circuit.

The Department of Highways is constructing a limited access Federal-aid highway under the authority of LSA-R.S. 48:301-306 in cooperation...

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