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WILFAIR ASSOC. v. SOUTHERN PACIFIC TRANSP.

No. CA 89 1484.

572 So.2d 185 (1990)

WILFAIR ASSOCIATES, a Partnership v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al.

Court of Appeal of Louisiana, First Circuit.

November 14, 1990.

Attorney(s) appearing for the Case

John E. Coleman, Jr., Aycock, Horne & Coleman, Franklin, Gordon A. Pugh, Breazeal, Sachse & Wilson, Baton Rouge, for plaintiff/appellant.

James J. Davidson, III, Davidson, Meaux, Sonnier & McElligott, Lafayette, for Southern Pacific Transp. Co.

Edward M. Leonard, Jr., Morgan City, for Virginia G. Bersen, Mary Etta G. Taylor and Emanuel J. Grizzaffi.

B.J. Rawls, Morgan City, for Hudson Drydocks, Inc.

Patrick T. Caffery, Caffery, Ourbre, Dugas & Campbell, New Iberia, for Texaco, Inc.

Before COVINGTON, C.J., LANIER, J., and LEMMON, J. Pro Tem.

COVINGTON, Chief Judge.

On August 3, 1987, Southern Pacific Transportation Company (Southern Pacific) demolished a railroad crossing which had provided access for 50 years from East Railroad Avenue to a tract of property presently owned by Wilfair Associates (Wilfair) in Morgan City, St. Mary Parish, Louisiana. Wilfair filed a Petition for Recognition of Servitude and Damages against Southern Pacific. Wilfair later included the owners of the property to the east,...

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