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STATE, DEPT. OF TRANSP. & DEVELOP. v. FALCONE

No. CA-4754.

487 So.2d 588 (1986)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. Philip J. FALCONE, et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 1986.

Attorney(s) appearing for the Case

Frederick J. Fuselier, Office of Gen. Counsel, Baton Rouge, for State of La., Dept. of Transp. and Development, plaintiff-appellant.

John P. Cosentino, James R. Hashek, Singerman, Cosentino, Toups & Troyer, New Orleans, for Curator Ad Hoc, John P. Cosentino, defendant-appellee.

Before GARRISON, BYRNES and WARD, JJ.

BYRNES, Judge.

The Department of Transportation and Development appeals a judgment granting costs and attorney fees in a rule to compel payment of attorney fees due under C.C.P. Art. 5096.

The appellee in this action, John P. Cosentino, was appointed as attorney to represent an estate in a condemnation action. The estate retained private counsel and appellee was dismissed from the case on September 11, 1984. He immediately sought payment for the services he...

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