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ARMSTRONG v. RED RIVER, ATCHAFALAYA & B. B. LEVEE BD.

No. 3737.

261 So.2d 298 (1972)

James M. ARMSTRONG, Plaintiff-Appellee, v. RED RIVER, ATCHAFALAYA & BAYOU BOUEF LEVEE BOARD, Defendant-Appellant.

Court of Appeal of Louisiana. Third Circuit.

Rehearing Denied May 16, 1972.

Writ Granted June 20, 1972.

Attorney(s) appearing for the Case

Gus Voltz, Jr., Asst. Dist. Atty., Alexandria, for defendant-appellant.

Neblett, Fuhrer & Hunter, by Walter M. Hunter, Jr., Alexandria, for plaintiff-appellee.

Before CULPEPPER, MILLER and DOMENGEAUX, JJ.

DOMENGEAUX, Judge.

In the year 1949 plaintiff granted defendant a servitude over a tract of land containing 22.76 acres by a written instrument, the relevant part of which was couched in the following terms:

"I moreover give and grant to said Levee Board full acquittance, release and discharge from any and all liability to me for any lands and improvements used, or destroyed, and any and all damage that has been caused, or will be caused, my said property...

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