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NOMEY v. STATE, DEPARTMENT OF HIGHWAYS

No. 12799.

325 So.2d 732 (1976)

J. George NOMEY v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS.

Court of Appeal of Louisiana, Second Circuit.

January 6, 1976.

Attorney(s) appearing for the Case

D. Ross Banister, William W. Irwin, Jr., Jerry F. Davis, Johnie E. Branch, Jr., Baton Rouge, Johnson, Johnson & Duke by Don H. Johnson, Monroe, for defendant-appellant.

Holloway, Baker, Culpepper & Brunson by William H. Baker, Herman A. Castete and John H. Helm, Jonesboro, for plaintiff-appellee.

Before PRICE, HALL and MARVIN, JJ.

MARVIN, Judge.

In this case, as in the case of Namie v. Department of Highways, La.App., 325 So.2d 734, orders of appeal were sought, granted and perfected from a judgment of the lower court but before the judgment was signed. The judgment in each case was signed six days after the appeal and is in the record of each case.

In the recent case of Malbrough v. Kiff, 312 So.2d 915

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