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MILLER v. STATE, DEPARTMENT OF HIGHWAYS

No. 2384.

211 So.2d 771 (1968)

Robert H. MILLER, Plaintiff and Appellee, v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

June 18, 1968.

Attorney(s) appearing for the Case

Norman L. Sisson, Robert J. Jones, William T. Kivett, by Robert J. Jones, Baton Rouge, for defendants-appellants.

Guillory, Guillory & Guillory, by Robert K. Guillory, Eunice, La., for plaintiff-appellee.

Mouton, Champagne & Colomb, by Welton P. Mouton, Lafayette, for defendant-appellee.

Before HOOD, SAVOY and CULPEPPER, JJ.

CULPEPPER, Judge.

This is a suit for damages for breach of contract. The plaintiff, Robert H. Miller, donated to the defendant, State of Louisiana, a servitude to improve and reroute an existing highway through his rice fields. The servitude agreement provided that during the period between March 1 and October 15 the defendant would not disturb plaintiff's irrigation system, unless it constructed alternate facilities to allow the uninterrupted operation of the system...

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