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STATE EX REL. DEPARTMENT OF HIGHWAYS v. COSTELLO

No. 1173.

158 So.2d 850 (1963)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Alfred W. COSTELLO et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 6, 1964.

Attorney(s) appearing for the Case

Brunswig Sholars, Baton Rouge, for Department of Highways.

Zelden & Zelden, Bruce J. Borrello, New Orleans, for defendants-appellants.

Richard J. Garvey, New Orleans, for defendant-appellee.

Before SAMUEL, CHASEZ, and HALL. JJ.

HALL, Judge.

The issue presented in this case is whether a surviving spouse loses the usufruct granted him under LSA-Civil Code Article 916 when the real estate subject to such usufruct is expropriated by the State.

The facts of the case are substantially undisputed. On June 29, 1962, the State of Louisiana, through the Department of Highways, filed a petition in the Civil District Court for the Parish of Orleans to expropriate certain real property owned...

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