MARSTON v. RED RIVER LEVEE & DRAINAGE DIST.

No. 79-1966.

632 F.2d 466 (1980)

Randolph F. MARSTON, Sr., Plaintiff-Appellee, v. RED RIVER LEVEE AND DRAINAGE DISTRICT et al., Defendants, Red River Levee and Drainage District, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1980.


Attorney(s) appearing for the Case

Eric Roger Harrington, Natchitoches, La., William Jones, Dist. Atty., 39th Judicial Dist. of Louisiana, Coushatta, La., for defendant-appellant.

Mack E. Barham, New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, GEE and REAVLEY, Circuit Judges.


GEE, Circuit Judge:

We affirm the judgment of the trial court on the basis of the findings made and for the reasons given in its opinions of January 31 and February 28, 1979. Two additional matters, raised on appeal and not considered below, require brief discussion.

At our request the parties have briefed and argued the question whether the result here is affected by an amendment of the pertinent Louisiana statute that was made during the pendency of this...

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