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DEPT. OF TRANSP. & DEV. v. WASTE MGT.

No. 93-94.

626 So.2d 59 (1993)

DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff-Appellant, v. WASTE MANAGEMENT, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

November 3, 1993.

Attorney(s) appearing for the Case

Sherryl Jones Tucker, Richard Mark Upton, Baton Rouge, for Dept. of Transportation and Development.

Jerry Joseph Falgoust, Opelousas, for Waste Management, Inc. et al.

Before YELVERTON, KNOLL and THIBODEAUX, JJ.

YELVERTON, Judge.

The Department of Transportation and Development (DOTD) sued Waste Management and Herbert Riggs. The suit was dismissed on the basis of abandonment pursuant to La.Code Civ.P. art. 561. The DOTD appeals. We reverse and remand.

FACTS

On March 27, 1987, the DOTD sued these two defendants for damage caused by a Waste Management truck driven by Riggs when it hit a bridge on the Missouri Pacific Overpass/U.S. 190 in St. Landry...

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