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DAGNALL v. GEGENHEIMER

No. 79-1805.

631 F.2d 1195 (1980)

David DAGNALL, Plaintiff-Appellee, v. Succession of Barney GEGENHEIMER et al., Defendants, Department of Highways, State of Louisiana, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1980.

Attorney(s) appearing for the Case

Jesse S. Guillot, New Orleans, La., for defendant-appellant.

Adams & Reese, Robert E. Couhig, Jr., New Orleans, La., for plaintiff-appellee.

Before CHARLES CLARK, TJOFLAT and GARZA, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The Louisiana Department of Highways (the Department) appeals from a judgment rendered against it in this negligence action. The eleventh amendment, the Supreme Court's interpretations thereof, and the law of the State of Louisiana require the vacation of this judgment and dismissal of the appeal.

David Dagnall and two co-workers were going to work on the Pontchartrain Expressway in New Orleans at four o'clock a. m. on July 4...

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