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STATE, THROUGH DEPT. OF HIGHWAYS v. PONDER

No. 11100.

342 So.2d 1190 (1977)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. L. Barbee PONDER, Jr.

Court of Appeal of Louisiana, First Circuit.

February 14, 1977.

Attorney(s) appearing for the Case

Jerry F. Davis and Johnie E. Branch, Jr., Assts. Gen. Counsel, State Dept. of Highways, Baton Rouge, for State of Louisiana through the Department of Highways, defendant in mandamus hearing-appellee.

Frank L. Koles, III, Amite, for L. Barbee Ponder, Jr., plaintiff in mandamus hearingappellant.

Before LANDRY, COLE and CLAIBORNE, JJ.

CLAIBORNE, Judge.

Pending a Department of Highways appeal in this case, the landowner demanded that the Department pay him, or deposit in the registry of the Court the excess amount of the judgment award over the amount initially deposited. Following refusal of his demand, the landowner filed a petition for writ of mandamus ordering such deposit. The district court rejected the demand of a writ of mandamus, and the landowner...

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