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STATE, DEPARTMENT OF HIGHWAYS v. DAIGLE

No. 4092.

278 So.2d 525 (1973)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff and Appellant, v. Alfred DAIGLE, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion June 8, 1973.

Attorney(s) appearing for the Case

Edwin R. Woodman, La., Dept. of Highways, Baton Rouge, for plaintiff-appellant.

Domengeaux & Wright, by W. Paul Hawley, Lafayette, for defendant-appellee.

Before SAVOY, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

Plaintiff expropriated a portion of defendant's farm under LSA-R.S. 48:441 et seq. for the construction of Interstate Highway No. 10. At the time of the taking, plaintiff deposited $1220 as compensation and damages. Defendant answered, seeking an increase. After a trial on the merits, the district judge awarded defendant $2,992.75 for the property taken and severance damages, subject to a credit for the...

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