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HEARD v. BLAKNEY

No. 14831.

415 So.2d 487 (1982)

Charles HEARD and Frank Murphy v. Phillip M. BLAKNEY.

Court of Appeal of Louisiana, First Circuit.

May 25, 1982.

Attorney(s) appearing for the Case

Jack T. Marionneaux, Plaquemine, for plaintiffs-appellees Charles Heard and Frank Murphy.

William J. Guste, Jr., Atty. Gen., Arthur E. Stallworth, Staff Atty., Baton Rouge, for defendant-appellant State of Louisiana.

Jack M. Dampf, Baton Rouge, for defendant-appellee Phillip M. Blakney.

Before LEAR, CARTER and LANIER, JJ.

LANIER, Judge.

This appeal concerns a claim by a State employee for reimbursement, pursuant to La.R.S. 13:5108.2, of attorney fees from the State of Louisiana for defending a lawsuit. The State answered this demand asserting that the employee was not acting within the scope and course of his employment with the State, and that La.R.S. 13:5108.2 was not applicable. The trial judge rendered judgment in favor of the employee and the State took this devolutive appeal...

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