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STATE DEPT. OF HIGHWAYS v. MIMS

No. 5493.

336 So.2d 24 (1976)

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

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion July 21, 1976.

Rehearing Denied August 18, 1976.

On Rehearing August 19, 1976.

Writs Refused November 5, 1976.

Attorney(s) appearing for the Case

Jack C. Fruge, Ville Platte, Johnie E. Branch, Jr., Wm. W. Irwin, Jr., Marshall W. Wroten, Baton Rouge, for plaintiff-appellant-appellee.

Jack O. Brittain, Natchitoches, for defendants-appellees-appellants.

Before HOOD, MILLER and WATSON, JJ.

MILLER, Judge.

Plaintiff Louisiana Department of Highways appeals seeking a reduction in the $98,190.89 awarded defendants-landowners Dorothy Finke Mims and James Mims in payment for, and damages related to, the Department's expropriation under the "quick taking statute." LSA-R.S. 48:441 et seq. Landowners also appeal seeking an increase in the award together with attorney fees. We amend to make a slight reduction in the award, and affirm.

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