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POCHE v. STATE THROUGH DOTD

No. 93 CA 0369.

633 So.2d 913 (1994)

James Marc POCHE v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

March 11, 1994.

Attorney(s) appearing for the Case

Richard J. Dodson, Baton Rouge, for plaintiff-appellee.

Lawrence A. Durant, John C. Young, Asst. Atty. Gen., Baton Rouge, for defendant-appellant.

Before LOTTINGER, C.J., and CRAIN and LeBLANC, JJ.

LOTTINGER, Chief Judge.

The State of Louisiana through the Department of Transportation and Development appeals the judgment rendered against it in this highway defect suit. The plaintiff has answered the appeal.

In appealing the State contends the trial court erred in:

1. relying upon plaintiff's survey because the same was obviously flawed; 2. finding that a shoulder which deviated in excess of 7% from the superelevated paved portion of...

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