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BROWN v. ROUGON

No. CA 88 1359.

552 So.2d 1052 (1989)

Edgar Lawrence BROWN and Donald Gregory Brown v. Floerl C. ROUGON, Rosemary Rummler, Jens Rummler and Sheriff Preston Chustz.

Court of Appeal of Louisiana, First Circuit.

Writ Denied February 16, 1990.

Attorney(s) appearing for the Case

Benjamin L. Johnson, Donaldsonville, for Edgar and Donald Brown.

Rosaline Chustz Parks, Parks & Parks, New Roads, Counsel for Sheriff Preston Chustz.

David M. Ellison, Ellison & Smith, Baton Rouge, Counsel for Floerl C. Rougon, Rosemary Rummler and Jens Rummler.

Before EDWARDS, LANIER and FOIL, JJ.

LANIER, Judge.

This suit by two commercial fishermen cumulates actions seeking (1) recognition that a drainage canal constructed over private property with public funds is subject to public use, (2) damages for false arrest under La.C.C. art. 2315 and violation of rights under 42 U.S.C.A. 1983, and (3) an injunction to protect their right to use the canal in the future. Made defendants were the owners of the land through which the canal passes and the parish sheriff...

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