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TODD v. STATE DEPT. OF NATURAL RESOURCES

No. 82-C-2915.

465 So.2d 712 (1985)

Robert B. TODD, et al. v. STATE of Louisiana, Through the DEPARTMENT OF NATURAL RESOURCES of the State of Louisiana.

Supreme Court of Louisiana.

April 1, 1985.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Gary L. Keyser, David C. Kimmel, H. Glen Kent, Jr., Asst. Attys. Gen., for applicant.

Stephen P. Dart, Kolbourne & Dart, St. Francisville, Hugh Sibley, Grunsburg, Leslie D. Ligon, Jr., Clinton, Ernest Eldred, Baton Rouge, for respondent.

CALOGERO, Justice.

The troubling issue in this case, whether a possessory action may be brought against the State of Louisiana, has produced contrary opinions in this Court originally and on first rehearing. Plaintiffs, who won in the lower courts, and who with minor exceptions prevailed in this Court on original hearing, only to lose on first rehearing, were granted a rehearing by this Court, the first that they have had reason to seek.1

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