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MONTGOMERY v. STATE, DEPARTMENT OF HIGHWAYS

No. 2975.

231 So.2d 597 (1970)

Jack MONTGOMERY et ux., Plaintiffs, v. STATE of Louisiana, Through DEPARTMENT OF HIGHWAYS, Defendant.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied March 4, 1970.

Attorney(s) appearing for the Case

Norman L. Sisson, Robert J. Jones, William T. Kivett, by Robert J. Jones, Baton Rouge, fordefendant-appellee-appellant.

Thomas A. Self, Many, for third-party defendant-appellant-appellee.

John Makar, Natchitoches, for plaintiff-appellee.

Before TATE, CULPEPPER and MILLER, JJ.

MILLER, Judge.

Mr. and Mrs. Jack Montgomery seek damages alleging a breach of their contract with the Department of Highways. The contract was executed April 15, 1964, after the parties amicably arrived upon terms and conditions for the State's acquisition of a right of way for the widening of Louisiana Highway 6.

As part of the consideration for the right of way, the contract provided that:

"The Department shall remove Vendor's wood frame residence...

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