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GIBSON v. STATE, DEPARTMENT OF HIGHWAYS

No. 12818.

326 So.2d 926 (1976)

Grady GIBSON, Plaintiff-Appellant, v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

February 9, 1976.

Attorney(s) appearing for the Case

Holloway, Baker, Culpepper & Brunson by D. G. Brunson, Jonesboro, for plaintiff-appellant.

Norman L. Sisson, Robert J. Jones, Jonathan C. Harris, Sharon P. Frazier by Robert J. Jones, Baton Rouge, Johnson & Johnson by Don H. Johnson, Monroe, for defendant-appellee.

Before BOLIN, PRICE and SMITH, JJ.

SMITH, Judge.

This is an appeal from a judgment sustaining an exception of res judicata to an action brought by plaintiff against the Department of Highways for damages alleged to have occurred to two tracts of land belonging to him in Lincoln Parish resulting from the widening of a state highway in that parish.

The appellant's principal reason for asserting error in the ruling of the trial court is a variance in the description of

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