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BURMASTER v. GRAVITY DRAINAGE DIST. NO. 2

No. 83-CA-651.

448 So.2d 162 (1984)

Mrs. Elizabeth Ann Daigrepont Burmaster, widow of Elvin E. BURMASTER, Jr., Individually and as Natural Tutrix of her Minor Children, Annelle Marie Burmaster, Velvet Ann Burmaster and Darrin Joseph Burmaster v. GRAVITY DRAINAGE DISTRICT NO. 2 OF the PARISH OF ST. CHARLES, St. Charles Parish Police Jury, ABC Insurance Company, Fromherz Engineers, Inc., DEF Insurance Company, Reise (Riess) Construction Company, and XYZ Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

March 13, 1984.

Attorney(s) appearing for the Case

Robert J. David, Kierr, Gainsburgh, Benjamin, Fallon & Lewis, New Orleans, for plaintiffs-appellees.

Steven F. Griffith, Sr., Steven F. Griffith, Sr., Ltd., Destrehan, for defendants-appellants.

Before CHEHARDY, CURRAULT and GAUDIN, JJ.

CURRAULT, Judge.

This appeal originates in the Twenty-Ninth Judicial District Court wherein the Honorable C. William Bradley rendered judgment in favor of plaintiffs and against defendant for the full sum of Seven Hundred Two Thousand, Five Hundred Seventy-One Dollars ($702,571) plus interest and costs. Defendant now appeals.

In 1961, the Gravity Drainage District No. 2 of the Parish of St. Charles contracted and had built a pumping station that would discharge...

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