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STATE, DEPARTMENT OF HIGHWAYS v. MIMS

No. 4959.

311 So.2d 914 (1975)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Dorothy Finke MIMS et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

May 5, 1975.

Attorney(s) appearing for the Case

Jack C. Fruge, Ville Platte, Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.

Brittain & Williams, by Jack O. Brittain, Natchitoches, for defendants-appellees.

Before HOOD, CULPEPPER, MILLER, DOMENGEAUX, and WATSON, JJ.

MILLER, Judge.

In this expropriation case, plaintiff Louisiana Department of Highways appeals seeking a new trial because prior to trial the court ordered the parties to produce evidence not allowed under LSA-C.C.P. art. 1452. Alternatively, the Department seeks a reduction in some of the awards. Defendants Dorothy Finke Mims and James Finke Mims answered the appeal seeking an increase in the awards and attorney fees. We reverse and remand.

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