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BENOIT v. TOWN OF VINTON

No. W99-308.

745 So.2d 1218 (1999)

Troy Gene BENOIT, Plaintiff-Respondent, v. TOWN OF VINTON, et al., Defendants-Relators.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied February 4, 2000.

Attorney(s) appearing for the Case

Glen D. Vamvoras, Randall Edmund Roach, Lake Charles, for plaintiff respondent.

John Fayne Wilkes III, Jennifer M. Klein, Lafayette, for defendant applicant.

Charles E. Soileau, Rayne, for defendant respondent.

BEFORE: YELVERTON, DECUIR, and SULLIVAN, Judges.

SULLIVAN, J.

This suit arises out of a collision between a car and a Southern Pacific Railroad train in Vinton, Louisiana. Plaintiff, Troy Gene Benoit, propounded a second set of request for admissions upon the Town of Vinton ("the Town"). In responding to the request for admissions, the Town objected to certain ones on the basis of 23 U.S .C. § 409, and others on the basis that they call for a legal conclusion. Plaintiff filed a motion to compel. On February...

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