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STATE v. WHITAKER

No. 613.

143 So.2d 408 (1962)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff and Appellee, v. Lowell E. WHITAKER et al., Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion July 10, 1962.

Rehearing Denied July 27, 1962.

Attorney(s) appearing for the Case

Plauche & Stockwell, by Oliver P. Stockwell, Lake Charles, for defendant-appellant.

W. Crosby Pegues, Jr., D. Ross Banister, Glenn S. Darsey, Braxton B. Croom, Richard A. Fulton, by Brunswig Sholars, Baton Rouge, for plaintiff-appellee.

Before TATE, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

For the reasons assigned in the companion case of State through Department of Highways v. Riley, La.App., 143 So.2d 396, the judgment appealed herein is affirmed. All costs of this appeal are assessed against the defendants and appellants.

Affirmed.

TATE, Judge (dissenting).

In these three consolidated expropriation cases, our learned trial brother and the majority have held, in scholarly...

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