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STATE, DEPT. OF HIGHWAYS v. CITY OF PINEVILLE

No. 7828.

390 So.2d 228 (1980)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. CITY OF PINEVILLE, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 1, 1980.

Attorney(s) appearing for the Case

John C. Young, Baton Rouge, for plaintiff-appellant.

Gravel, Robertson & Brady, Dan E. Melichar, Ford & Nugent, William M. Ford, Alexandria, for defendant-appellee.

Before FORET, STOKER and LABORDE, JJ.

FORET, Judge.

This is a suit for the repayment of money advanced brought by the Department of Transportation and Development, hereinafter referred to as the Department. The City of Pineville was named defendant in this suit.

On May 12, 1969, the Honorable Floyd W. Smith, Jr., the Mayor of Pineville, signed a contract with the Louisiana Department of Highways whereby the Department agreed to advance to the City sufficient funds to relocate existing water lines...

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