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LOUISIANA IRRIGATION AND MILL COMPANY v. POUSSON

No. 3476.

252 So.2d 151 (1971)

LOUISIANA IRRIGATION AND MILL COMPANY, Plaintiff and Appellee, v. James Wallace POUSSON, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 23, 1971.

Writ Granted October 28, 1971.

Attorney(s) appearing for the Case

Allen C. Gremillion and Frank H. Gladney, Crowley, for defendant-appellant.

Pugh, Buatt, Landry & Pugh, by Lawrence G. Pugh, Jr., Crowley, for plaintiff-appellee.

Before SAVOY, CULPEPPER and MILLER, JJ.

CULPEPPER, Judge.

Plaintiff filed this suit under LSA-C.C.P. Article 3663(2) to enjoin the defendant from interfering with plaintiff's possession of a servitude for a lateral irrigation canal. The district judge granted a temporary restraining order and, after hearing, a preliminary injunction. Defendant appealed. Plaintiff answered the appeal, seeking a permanent injunction.

The substantial issue is whether plaintiff has proved it possessed the servitude...

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