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STATE, THROUGH DEPARTMENT OF HIGHWAYS v. MARTIN

No. 1922.

196 So.2d 63 (1967)

STATE of Louisiana, THROUGH the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Raymond P. MARTIN, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 21, 1967.

Writ Refused May 19, 1967.

Attorney(s) appearing for the Case

Glenn S. Darsey, Chester E. Martin, D. Ross Banister, Ben C. Norgress, Johnie E. Branch, Jr., by Glenn S. Darsey, Baton Rouge, for plaintiff-appellant.

Robert Brinkman, Opelousas, for defendant-appellee.

Before TATE, FRUGÉ and HOOD, JJ.

HOOD, Judge.

This suit was filed by the Louisiana Department of Highways under the provisions of LSA-R.S. 48:441 et seq., to expropriate a a permanent servitude of drainage affecting a small tract of land owned by defendant, Raymond P. Martin. Judgment was rendered by the trial court awarding the defendant substantially more than the amount which the Department had deposited in the registry of the court, and plaintiff has appealed.

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