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STATE v. GANI

No. 511.

138 So.2d 683 (1962)

STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS, Plaintiff and Appellant, v. Mrs. Mary E. GANI et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 30, 1962.

Certiorari Denied April 30, 1962.

Attorney(s) appearing for the Case

D. Ross Banister, Glenn S. Darsey, Ben C. Norgress, Brunswig Sholars, Jesse S. Moore, Jr., by Ben C. Norgress, Baton Rouge, for plaintiff-appellant.

Russell T. Tritico, Lake Charles, for defendants-appellees.

C. Jerre Lloyd, New Orleans, curator ad hoc for absent defendants-appellees.

Before SAVOY, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

This suit involves an expropriation for highway purposes under the provisions of LSA-R.S. 48:441 through 48:460, providing for expropriation by a declaration of taking. The lower court awarded $792 for the property taken and $5,421.08 as severance damages to defendant's remaining land, making a total of $6,213.08. From this judgment the plaintiff has appealed.

The sole issue on appeal is the award of severance damages in the sum of $5,421...

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