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PARISH OF EAST BATON ROUGE v. S & H HEATING COMPANY

No. 7476.

216 So.2d 360 (1968)

PARISH OF EAST BATON ROUGE, Plaintiff-Appellant, v. S & H HEATING COMPANY, Inc., Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

November 12, 1968.

Attorney(s) appearing for the Case

R. Gordon Kean, Jr., Charles E. Pilcher and J. Dawson Gasquet, Baton Rouge, for appellant.

Bobby L. Forrest, of Forrest, Kiefer & Hubbs, Baton Rouge, for appellee.

Before LANDRY, REID and SARTAIN, JJ.

SARTAIN, Judge.

This is an expropriation suit where the Parish of East Baton Rouge in the furtherance of an extensive drainage program seeks to widen and improve Ward's Creek. Defendant owns property which is situated to the west of Ward's Creek with the rear portion thereof extending to a point near the center of the existing creek bed. The portion of defendant's property falling within the existing banks of the creek is, of course, burdened by a servitude of drainage...

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