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DIXIE PIPELINE COMPANY v. BARRY

No. 2764.

227 So.2d 1 (1969)

DIXIE PIPELINE COMPANY, Plaintiff-Appellee, v. Marguerite Kidder BARRY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion September 19, 1969.

Rehearings Denied October 17, 1969.

Writ Refused January 9, 1970.

Attorney(s) appearing for the Case

J. Barry Mouton, Lafayette, for defendant-appellant.

John V. Parker, Baton Rouge, Andrew J. S. Jumonville, of Davidson, Meaux, Onebane & Donohoe, Lafayette, for plaintiff-appellee.

Before FRUGÉ, HOOD and MILLER, JJ.

MILLER, Judge.

Dixie Pipeline Company seeks to obtain a servitude for the construction and operation of a gas pipeline across Mrs. Marguerite Kidder Barry's property in St. Martin Parish. Defendant filed exceptions of prematurity and no right or cause of action, and an answer. The trial judge overruled the exceptions and rendered judgment on the merits in favor of plaintiff. Defendant has appealed.

This suit was consolidated for trial and appeal with two other...

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