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STATE EX REL. DEPARTMENT OF HIGHWAYS v. SUMRALL

No. 6129.

167 So.2d 503 (1964)

STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS, v. Johnnie E. SUMRALL et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 30, 1964.

Writ Refused December 1, 1964.

Attorney(s) appearing for the Case

W. Crosby Pegues, Jr., D. Ross Banister, Glenn S. Darsey and Braxton B. Croom, by Glenn S. Darsey, Baton Rouge, for appellant.

Benton & Moseley, by E. D. Moseley, H. Alva Brumfield and Sylvia Roberts, Baton Rouge, for appellees.

Before ELLIS, LOTTINGER, HERGET, LANDRY and REID, JJ.

ELLIS, Judge.

The State of Louisiana, through the Department of Highways, expropriated certain property belonging to the defendant, Johnnie E. Sumrall in the Parish of East Baton Rouge, Louisiana. The property consisted of part of lots 113, 114 and 115 of Glenoaks Subdivision and part of an adjoining three acre tract. Situated on Lots 113 and 114 was a filling station which was leased to Oren Russell and Oren W. Russell,

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