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CALHOUN v. STATE

No. 836.

152 So.2d 866 (1963)

J. Lee CALHOUN, Plaintiff and Appellant, v. STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

On the Merits May 14, 1963.

Rehearing Denied June 12, 1963.

Attorney(s) appearing for the Case

Love & Hodges, by Lloyd F. Love, Ferriday, for plaintiff-appellant.

D. Ross Banister, Glenn S. Darsey and Chester E. Martin, by Chester E. Martin, Baton Rouge, for defendant-appellee.

Before SAVOY, FRUGE and HOOD, JJ.

HOOD, Judge.

This matter is before us at this time solely on a motion to dismiss the appeal, which motion was filed by the defendant-appellee, State of Louisiana, through the Department of Highways.

In his original and two supplemental and amended petitions, plaintiff Calhoun alleges, in substance, that in a prior suit the defendant had taken and expropriated a servitude or right-of-way for highway purposes over and across plaintiff's land, but that the construction...

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