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BARR v. SMITH

No. 25431-CA.

631 So.2d 76 (1994)

David E. BARR, Plaintiff-Appellee, v. Bobby SMITH, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 17, 1994.

Attorney(s) appearing for the Case

Robert W. Levy, Ruston, for appellee.

Bobby L. Culpepper, Jonesboro, for appellant.

Before SEXTON, HIGHTOWER and VICTORY, JJ.

HIGHTOWER, Judge.

Defendant, Bobby Smith, appeals an adverse judgment awarding reparations, including property and mental anguish damages, after he excavated soil along his common boundary with a neighbor's tract. Finding no abuse of discretion in this previously remanded matter, we affirm.

FACTS AND PROCEDURAL HISTORY

During July 1989, plaintiff, David E. Barr, noticed that earthwork performed on the immediately adjacent property had occasioned...

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