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STATE, DEPARTMENT OF HIGHWAYS v. BUSCH

No. 49799.

225 So.2d 208 (1969)

254 La. 541

STATE of Louisiana Through the DEPARTMENT OF HIGHWAYS v. Henry W. BUSCH et al.

Supreme Court of Louisiana.

June 27, 1969.

Attorney(s) appearing for the Case

D. Ross Banister, Johnie E. Branch, Jr., Chester E. Martin, Baton Rouge, for State, through Dept. of Highways, on Certification of Question of Law by the Court of Appeal, Third Circuit, for appellant.

Bean & Rush, by Warren D. Rush, Lafayette, for defendants-appellants, Henry W. Busch, and another.

BARHAM, Justice.

The present suit grew out of a previous expropriation proceeding wherein the trial court awarded a judgment in excess of the original deposit of just compensation, which was reduced by the Court of Appeal to the amount of the original deposit. The State through the Department of Highways is here seeking a judgment for the excess award plus interest of 5 per cent from the date of withdrawal of the deposited excess from the court registry, and the Court...

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