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DEPT. OF HIGHWAYS v. CAPONE

No. 8292.

248 So.2d 62 (1971)

DEPT. OF HIGHWAYS of the State of Louisiana v. Bennie CAPONE, d/b/a Capone Cleaners.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 31, 1971.

Attorney(s) appearing for the Case

Robert L. Roshto, Norman L. Sisson and Robert J. Jones, La. Dept. of Highways, Baton Rouge, for appellant.

Vincent J. Sotile and Donald L. Carmouche, Donaldsonville, for appellee.

Before LANDRY, ELLIS and BLANCHE, JJ.

BLANCHE, Judge.

Plaintiff instituted this suit against defendant for the two-fold purpose of seeking: (1) to have defendant be judicially required to remove a canopy and electric sign attached to defendant's building which fronts on Louisiana Highway No. 3089 within the city limits of Donaldsonville, Louisiana, which canopy and electric sign allegedly encroach upon the right of way of said highway a distance of 6.7 feet,...

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