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BD. OF COM'RS OF PORT OF N. O. v. ILL. CENT., ETC.

No. 10638.

379 So.2d 838 (1980)

BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS v. ILLINOIS CENTRAL GULF RAILROAD COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Refused February 22, 1980.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, Eugene R. Preaus, Danny G. Shaw, New Orleans, for plaintiff-appellee.

Dillon & Cambre, Gerard M. Dillon, New Orleans, for defendant-appellant.

Before SAMUEL, LEMMON and GULOTTA, JJ.

GULOTTA, Judge.

The Illinois Central Gulf Railroad Company (the Railroad) appeals from a judgment awarding to the Board of Commissioners of the Port of New Orleans (the Dock Board) $12,509.71 for the cost of replacing the Dock Board's sewer line which runs alongside defendant's railroad track. The sewer line was damaged when the Railroad raised the grade level of the track on a site subject to a servitude in favor of the Railroad. We affirm.

In 1972 the Railroad...

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