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STATE DEPT. OF TRANSP. v. TOWNSEND, INC.

No. 28494-CA.

679 So.2d 499 (1996)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff-Appellee, v. JAMES E. TOWNSEND, INC., et al, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

August 21, 1996.

Attorney(s) appearing for the Case

Louisiana Department of Transportation & Development Office of the General Counsel by Jerry L. Finley and Bernard L. Malone, Jr., Baton Rouge, for Appellee, State of Louisiana.

Dollar, Noah, Laird, Smith & Harvey by John C. Laird, Monroe, for Appellant, Southern Agri-Credit, Inc.

Before MARVIN, SEXTON & STEWART, JJ.

SEXTON, Judge.

Defendant, Southern Agri-Credit, Inc., appeals a judgment in favor of the state of Louisiana, Department of Transportation and Development. This judgment sustained an exception of prescription filed by the state in response to the defendant's answer and reconventional demand in the state's expropriation suit. For the reasons stated herein, the judgment is reversed and the case remanded to the trial court for further proceedings.

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