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STATE, DEPARTMENT OF HIGHWAYS v. TERRAL

No. 2187.

206 So.2d 307 (1968)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Relator, v. Wilburn W. TERRAL, Defendant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion January 29, 1968.

Rehearing Denied February 7, 1968.

Writ Refused March 25, 1968.

Attorney(s) appearing for the Case

Glenn S. Darsey, Dept. of Highways, Baton Rouge, for plaintiff-relator.

Holt, Wagner & Lee, by Richard Lee Pineville, for defendant-respondent.

En banc.

LEAR, Judge.

This expropriation suit comes to us by virtue of our granting a writ of certiorari in order to pass upon what we deem to be an important question of law.

The State of Louisiana, through the Department of Highways, instituted this suit on May 20th, and service was made upon the defendant on May 24, 1966. Under the mandate of R.S. 48:441-460, the plaintiff deposited $21,000 into the registry of the court...

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