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DEPARTMENT OF HIGHWAYS v. TRICHEL

No. 5791.

343 So.2d 410 (1977)

DEPARTMENT OF HIGHWAYS of the State of Louisiana, Plaintiff-Appellant, v. Dewey Glen TRICHEL, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 4, 1977.

Attorney(s) appearing for the Case

Marshall W. Wroten, Robert J. Jones, Sharon P. Frazier, David K. Balfour by David K. Balfour, Baton Rouge, for plaintiff-appellant.

Donald G. Kelly, Kelly & Ware, Natchitoches, for defendant-appellee.

Before HOOD, GUIDRY and FORET, JJ.

HOOD, Judge.

The Department of Highways of the State of Louisiana instituted this action for judgment ordering defendant, Dewey Glen Trichel, to remove a fence from a state highway right-of-way. The trial court rendered judgment for defendant, dismissing the suit. Plaintiff appealed.

The issues presented are (1) whether this is a petitory action, requiring the Department of Highways to make out its title to the right-of-way, and (2) whether defendant was authorized...

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