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STATE, DEPARTMENT OF HIGHWAYS v. JAMES

No. 3363.

226 So.2d 535 (1969)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Rose Di Leo JAMES, Provisional Administratrix of the Succession of Goodman F. James.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 9, 1969.

Attorney(s) appearing for the Case

D. Ross Banister, Chester E. Martin, Jesse S. Moore, Jr., William W. Irwin, Jr., Baton Rouge, and Jesse S. Guillot, New Orleans, for plaintiff-appellant.

Schaff & Currier, Val A. Schaff, New Orleans, III, for defendant-appellee.

Before REGAN, SAMUEL and HALL, JJ.

SAMUEL, Judge.

The State of Louisiana, Through the Department of Highways, filed this suit on February 14, 1964 to expropriate certain property (a total taking) for highway purposes. Plaintiff deposited $75,350 in the Registry of Court as the value of the property, which amount included $3,200 for the improvements thereon. Defendant answered, averring the true value of the property was $309,324.90.

Following trial judgment was rendered in favor of defendant...

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