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STATE, DEPARTMENT OF HIGHWAYS v. D & J REALTY CO.

No. 11577.

245 So.2d 465 (1971)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellee, v. D & J REALTY COMPANY, Inc., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 30, 1971.

Writ Refused May 13, 1971.

Attorney(s) appearing for the Case

Theus, Grisham, Davis & Leigh by Robert Lee Curry III, Monroe, for defendant-appellant—D & J Realty Company, Inc.

Snellings, Breard, Sartor & Shafto by George M. Snellings, Jr., Monroe, for appellant.

D. Ross Banister, Chester E. Martin, Jesse S. Moore, Jr., Johnie E. Branch, Jr., by Jesse S. Moore, Baton Rouge, for plaintiff-appellee.

Before AYRES, PRICE and HALL, JJ.

En Banc. Rehearing Denied March 30, 1971.

HALL, Judge.

This suit was brought by the State of Louisiana, through the Department of Highways against D & J Realty Company, Inc. and Albert Thibeaux to recover the sum of $8,519.70, alleged to be the amount of an "over deposit" made by the Department and withdrawn by the defendants in an expropriation suit. The Department also sought to recover legal interest on said amount from the date of the alleged withdrawal...

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