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STATE, DEPT. OF HWYS. v. WOOD PRESERVING SERV., INC.

No. 4599.

302 So.2d 655 (1974)

STATE, Through the DEPARTMENT OF HIGHWAYS, Plaintiff and Appellant, v. WOOD PRESERVING SERVICE, INC., Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 20, 1974.

Writ Refused January 10, 1975.

Attorney(s) appearing for the Case

Jack C. Frugé, Sr., Ville Platte, Alva Jones, La. Dept. of Highways, and Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

Camp, Carmouche, Palmer, Carwile & Barsh by A. J. Gray, III, Lake Charles, for defendant-appellee.

Before HOOD, CULPEPPER and DOMENGEAUX, JJ.

CULPEPPER, Judge.

Under LSA-R.S. 48:441 et seq., the State expropriated a portion of defendant's land on which was located a wood preserving plant. Plaintiff deposited $44,278 in compensation for the land and improvements taken and for severance damages to the remaining land and wood-treating plant. The district judge awarded defendant $142,362, less the deposit. Plaintiff appealed.

The only issues on appeal concern the award of $9,473 for the portion of the...

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