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PALACIOS v. LOUISIANA AND DELTA RAILROAD, INC.

No. W98-258.

721 So.2d 557 (1998)

Maria E. PALACIOS, Individually and on Behalf of her minor children, Jenny Garcia, Jose Garcia, Cynthia Palacios and Jennifer Palacios, Plaintiffs—Appellees, v. LOUISIANA AND DELTA RAILROAD, INC., et al., Defendants—Appellants.

Court of Appeal of Louisiana, Third Circuit.

October 28, 1998.

Attorney(s) appearing for the Case

Leonard Louis Levenson, Charles Benjamin Landry, New Iberia, Zara Zeringue, Belle Chasse, for Maria E. Palacios.

John Felton Blackwell, for Louisiana and Delta Railroad, Inc., et al.

Stacey Allen Moak, Baton Rouge, for State.

Leon Joseph Minvielle, III, New Iberia, for City of Jeanerette.

Michael Patrick Corry, Lafayette, for National Security Fire & Casualty Company.

Kyle Liney Mark Gideon, Lafayette, for Southern Pacific Transportation Company.

Before THIBODEAUX, COOKS and WOODARD, JJ.

THIBODEAUX, Judge.

Maria Palacios seeks supervisory relief from a trial court judgment in favor of the State of Louisiana, through the Department of Transportation and Development (hereinafter "DOTD"), which held that certain DOTD reports and other data were shielded from discovery by virtue of 23 U.S.C. § 409. After reviewing Ms. Palacios' motion to compel discovery, upon remand from the Louisiana Supreme Court, the trial court determined that the requested...

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