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BENNETT v. LOUISIANA PACIFIC CORP.

No. 29598-CA.

693 So.2d 1319 (1997)

William B. BENNETT, Plaintiff-Appellee, v. LOUISIANA PACIFIC CORPORATION, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Concurring Opinion May 13, 1997.

Attorney(s) appearing for the Case

Gaharan & Wilson by Donald R. Wilson, Jena, for Defendant-Appellant.

Dimos, Brown, Erskine & Burkett by David G. Erskine, Columbia, for Plaintiff-Appellee.

Before BROWN, WILLIAMS and CARAWAY, JJ.

Concurring Opinion of Judge Caraway, May 13, 1997.

BROWN, Judge.

Although his filing was captioned a possessory action, plaintiff, William Bennett, essentially sought damages as a landowner for the wrongful cutting of his timber pursuant to La.R.S. 3:4278.1 (formerly 56:1478). Defendant, Louisiana Pacific Corporation (LP), admitted cutting the timber but claimed ownership of the property. After concluding that plaintiff acquired title to the property by 30...

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