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STATE v. ESTATE OF McDADE

No. 23578-CA.

592 So.2d 1373 (1992)

STATE of LOUISIANA DEPARTMENT of TRANSPORTATION AND DEVELOPMENT, Appellant, v. The ESTATE OF Arthur McDADE, Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1992.

Attorney(s) appearing for the Case

Louisiana Dept. of Transp. and Development, Office of the Gen. Counsel by Bernard L. Malone, Jr., Baton Rouge, for appellant.

Simmons and Derr by Kermit M. Simmons, Winnfield, for appellee.

Before MARVIN, C.J., and HIGHTOWER and VICTORY, JJ.

VICTORY, Judge.

State of Louisiana Department of Transportation and Development (DOTD) appeals a trial court ruling sustaining a pleading by court appointed counsel that the named defendants were improper defendants and setting aside all pleadings, orders, and judgments in the lawsuit. We reverse and remand.

FACTS

On August 9, 1989, DOTD filed a petition to expropriate in full ownership a tract of land in Winn Parish containing approximately 0.563...

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