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KAPPEL v. STATE THROUGH DEPT. OF HIGHWAYS

No. 82-472.

430 So.2d 1084 (1983)

Walter and Mary KAPPEL, Plaintiffs-Appellants, v. The STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Calcasieu Parish Police Jury, and United States Fidelity & Guaranty Insurance Company, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 26, 1983.

Attorney(s) appearing for the Case

Baggett, McCall, Singleton & Ranier, Homer C. Singleton, Jr., Lake Charles, for plaintiffs-appellants.

Raggio, Cappel, Chozen & Berniard, Fred L. Cappel, Lake Charles, John W. King, Baton Rouge, for defendants-appellees.

Before DOMENGEAUX, FORET and DOUCET, JJ.

DOMENGEAUX, Judge.

This is an appeal by plaintiffs from a district court ruling which granted summary judgment in favor of one of the defendants, The State of Louisiana, through the Department of Transportation and Development (formerly Department of Highways), and ordered that that defendant be dismissed from these proceedings.

Plaintiffs' petition is in tort, and basically alleges that on December 29, 1977, they were traveling in a vehicle which was being...

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