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STATE, DOT AND DEVELOPMENT v. KEATING

Nos. 88-CA-1940, 88-CA-1941.

541 So.2d 247 (1989)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. Thomas C. KEATING, et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 14, 1989.

Attorney(s) appearing for the Case

Frederick J. Fuselier, Office of Gen. Counsel, Baton Rouge, for plaintiff-appellant.

Before SCHOTT, C.J., and KLEES and WILLIAMS, JJ.

WILLIAMS, Judge.

In these consolidated expropriation suits, the narrow issue to be resolved on appeal is whether the expropriating authority, the State of Louisiana through the Department of Transportation and Development (DOTD), can be assessed with jury costs when the jury was requested by the DOTD and not by the defendants.1 As we find that under LSA-R.S. 13:4521 and the rule set forth in State, Through Department of Highways v....

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