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SMITH v. JONES

No. 86-185.

504 So.2d 570 (1987)

Rudy Donnell SMITH, Plaintiff-Appellee-Appellant, v. Gussie Mae Bell JONES, et al. Defendant-Appellee, State of Louisiana, Defendant-Appellant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 15, 1987.

Writ Denied June 12, 1987.

Attorney(s) appearing for the Case

Harry A. Hammill, Alexandria, for plaintiff-appellee-appellant.

Ray Dry and Robert Olivier, Baton Rouge, for defendant-appellant-appellee.

Edward Larvadain, John R. Hunter, Jr., Alexandria, for defendant-appellee.

Before DOUCET, LABORDE and KING, JJ.

LABORDE, Judge.

This is an appeal from a declaratory judgment decreeing to Rudy Donnell Smith two-thirds (2/3) of the value of the property in dispute. The property was purchased by the State of Louisiana, Department of Transportation (hereinafter State) from the putative owner, Gussie Mae Bell Jones. At issue is whether Rudy Donnell Smith is entitled to be compensated or placed in possession of his share of the disputed property. We affirm in part, amend in part...

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