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FOWLER v. T.L. JAMES & CO., INC.

No. 24,821-CA.

621 So.2d 638 (1993)

H.M. FOWLER, et ux, Plaintiff-Appellant, v. T.L. JAMES & COMPANY, INC., Defendant-Appellant, Grand Bayou Reservoir District and the State of Louisiana, Department of Transportation and Development, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 12, 1993.

Attorney(s) appearing for the Case

Jones and Sams by William R. Jones, Coushatta, for appellant H.M. Fowler, Sr., et ux.

Dawkins, Coyle & Carter, Ruston, and A. Michael Boggs, Bossier City, for appellant T.L. James & Co., Inc.

Donald L. Horton, Coushatta, for appellee Grand Bayou Reservoir Dist. & State of Dept. of Transp. & Development.

Before NORRIS, VICTORY and STEWART, JJ.

VICTORY, Judge.

Defendant, T.L. James, Inc. (James), appeals a lower court ruling which awarded plaintiffs, H.M. and Katherine Fowler (Fowlers), $15,230 in royalty payments for soil removed from their land and used in a construction project. We reverse.

FACTS

On March 4, 1985, H.M. and Katherine Fowler granted a servitude over a 48.77 acre tract of land in Red River Parish to the Black Lake Bayou Recreation & Water Conservation District...

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