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MAJOR v. LOUISIANA DEPARTMENT OF HIGHWAYS

No. 10681.

327 So.2d 515 (1976)

Joseph H. MAJOR and James P. Rupp v. The LOUISIANA DEPARTMENT OF HIGHWAYS.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 1, 1976.

Attorney(s) appearing for the Case

Anthony J. Bonfanti, Baton Rouge, for Louisiana Dept. of Highways.

James A. Wood, Baton Rouge, for James P. Rupp.

Sam J. D'Amico, Baton Rouge, for Joseph H. Major.

Before LANDRY, COVINGTON and BARNETTE, JJ.

COVINGTON, Judge.

This is a motion to dismiss the appeal filed by the Department of Highways on the grounds that the Department, appellant, had acquiesced in the judgment of the Louisiana Civil Service Commission. The basis for this dismissal is Article 2085 of the Louisiana Code of Civil Procedure. This procedural article provides that a party against whom a judgment has been rendered can not appeal if he has voluntarily and unconditionally acquiesced in the judgment...

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