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HARELSON v. PARISH OF EAST BATON ROUGE

No. 9115.

272 So.2d 382 (1972)

Milton Greer HARELSON et al., Plaintiffs-Appellees, v. PARISH OF EAST BATON ROUGE, Defendant-Appellant.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 31, 1973.

Attorney(s) appearing for the Case

Charles E. Pilcher, Asst. Parish Atty., and Joseph Keogh, City Parish Atty., Baton Rouge, for defendant-appellant.

Cordell H. Haymon, Baton Rouge, for plaintiffs-appellees.

Before SARTAIN, BLANCHE and EVERETT, JJ.

SARTAIN, Judge.

This litigation is for damages growing out of an alleged breach of contract. On September 18, 1964, a contract was executed wherein the plaintiffs granted a drainage servitude to the defendant for the purpose of widening Claycut Bayou, a major drainage artery in the Parish of East Baton Rouge. It was agreed that the spoil from its excavation would be spread for a distance of 250 feet on each side of the bank of the channel. The spoil was to be spread...

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