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KLEIN v. DEPARTMENT OF HIGHWAYS

No. 1817.

175 So.2d 454 (1965)

Mrs. Sarah Haft KLEIN and Mrs. Rose Klein Robbins v. DEPARTMENT OF HIGHWAYS of the State of Louisiana, Travelers Insurance Company and Liberty Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 7, 1965.

Attorney(s) appearing for the Case

Evangeline Molero Vavrick, New Orleans, for Mrs. Sarah Haft Klein, plaintiff-appellant.

Jesse S. Guillot, New Orleans, for Department of Highways of State of Louisiana, appellee.

Jones, Walker, Waechter, Poitevant, Carrere & Denegre, Thomas G. Rapier, New Orleans, for Travelers, Ins. Co., appellee.

J. Walter Ward, Jr., New Orleans, for Liberty Mut. Ins. Co., appellee.

Before McBRIDE, SAMUEL and BARNETTE, JJ.

CHRIS T. BARNETTE, Judge pro tem.

Plaintiff has appealed from the judgment of the district court granting a summary judgment to the Department of Highways of the State of Louisiana.

We find no material issue of fact in the case and the only question which remains under LSA-C.C.P. art. 966 is whether the mover, the Department of Highways of the State of Louisiana, "is entitled to judgment as a matter of law."

The issue of law to be decided, as stated...

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