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RITCHEY v. DESSER

No. 3245.

242 So.2d 107 (1970)

Dan A. RITCHEY, Jr., et al., Plaintiffs-Appellees, v. James H. DESSER, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 5, 1971.

Writ Refused February 24, 1971.

Attorney(s) appearing for the Case

Ralph Brewer, Baton Rouge, for defendants-appellants.

Smith & Stansbury, by Frank Smith, Jr., Lafayette, for plaintiffs-appellees.

Before FRUGE, SAVOY and MILLER, JJ.

MILLER, Judge.

Plaintiffs (Ritchey et al.) proved a prima facie case for the issuance of a preliminary injunction prohibiting Desser et al. from interfering with their "servitude of passage and utility easement" (acquired February 11, 1966) affecting the rear 8 feet of Lots 13 and 14, Block 2 West End Heights Subdivision of Lafayette. Ritchey v. Desser, 203 So.2d 735 (La.App.3d Cir.1967). Thereafter, following a two day trial, the...

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