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STATE, DEPT. OF TRANSP. AND DEVELOPMENT v. BERRY

Nos. 24,248-CA, 24,249-CA.

609 So.2d 1100 (1992)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff, v. James W. BERRY, et al., Defendants-Appellees, Jane Peneguy Cook, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 14, 1993.

Attorney(s) appearing for the Case

Michael E. Kramer, Winnsboro, for appellants, Jane Peneguy Cook, et al.

Singer & Boothe by Samuel T. Singer, Winnsboro, for appellees, James W. Berry, et al.

Before MARVIN, HIGHTOWER and BROWN, JJ.

MARVIN, Chief Judge.

In these consolidated appeals arising out of the State's expropriation for highway purposes in 1983 of an 18-acre strip of land which had been abandoned as a railroad right-of-way, the private litigants dispute between themselves who is entitled to the compensation owed by the State DOTD for the taking.

We apply the law in effect in 1933 and determine that a contract between the ancestors of the litigants in that year was not "a mandate...

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