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STATE, DEPARTMENT OF HIGHWAYS v. KILCHRIST

No. 2773.

225 So.2d 25 (1969)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellee, v. Louis F. KILCHRIST, Defendant-Appellant, and Sterling Sugars, Inc., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 24, 1969.

Attorney(s) appearing for the Case

Koury & Judice, by Joseph A. Koury, Lafayetee, for defendant-appellant.

Bauer, Darnall, Fleming, McNulty & Boudreaux, by Robert M. Fleming, Franklin, for plaintiff-appellee.

Before TATE, FRUGE, and CULPEPPER, JJ.

FRUGE, Judge.

This case involves a property dispute which arose after expropriation proceedings were filed by the State of Louisiana, through the Department of Highways, in the construction of State Route La. 3052. Appellant, Louis F. Kilchrist, and appellee, Sterling Sugars, Inc., are both claiming the proceeds of a 1.32 acre tract expropriated by the State.

The tract in question is a very narrow strip of land situated between a coulee known as Peebles Coulee...

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