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STATE, DEPARTMENT OF HIGHWAYS v. NEYREY

No. 4413.

240 So.2d 586 (1970)

STATE of Louisiana Through the DEPARTMENT OF HIGHWAYS v. Henry G. NEYREY, Jr., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 7, 1970.

Order Recalling Refusal of Rehearing December 9, 1970.

Writ Refused December 14, 1970.

Attorney(s) appearing for the Case

D. Ross Banister, Chester E. Martin, Jesse S. Moore, Jr., Johnie E. Branch, Jr., Baton Rouge, Jesse S. Guillot, New Orleans, for plaintiff-appellant.

Soloman S. Goldman, New Orleans, for defendants-appellees.

Before REDMANN, TAYLOR and BARNETTE, JJ.

TAYLOR, Judge.

This is a suit for expropriation by the State, through the Department of Highways, in order to obtain the land necessary for the construction of an overpass on Cleary Avenue to carry vehicular traffic across Interstate Highway 10. The value of the land actually expropriated was agreed upon by the parties. The sole issue determined by the trial court was whether severance damages should be allowed.

After trial on the merits, the lower court rendered...

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