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ARMSTRONG v. RED RIVER, ATCHAFALAYA, ETC., LEVEE BD.

No. 52559.

278 So.2d 496 (1973)

James M. ARMSTRONG v. RED RIVER, ATCHAFALAYA AND BAYOU BOUEF LEVEE BOARD.

Supreme Court of Louisiana.

Dissenting Opinion June 11, 1973.

Attorney(s) appearing for the Case

Walter M. Hunter, Jr., Alexandria, for plaintiff-applicant.

Edwin O. Ware, Dist. Atty., Gus Voltz, Jr., Asst. Dist. Atty., for defendant-respondent.

Provosty & Sadler, LeDoux R. Provosty, Jr., Alexandria, for amicus curiae.

SANDERS, Chief Justice.

We review a judgment of the Third Circuit Court of Appeal maintaining a servitude granted by plaintiff to the Red River, Atcahfalaya and Bayou Bouef Levee Board for the construction and maintenance of canals, ditches and levees.1 We affirm the judgment.

In 1949, plaintiff granted the Levee Board a servitude over a tract of land containing 22.76 acres by a written instrument, in the following terms:

...

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