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MELERINE v. STATE

No. 2000-CA-0162.

773 So.2d 831 (2000)

Betty G. Melerine, wife of/and Dwight J. MELERINE v. The STATE of Louisiana, The State of Louisiana Through the Department of Natural Resources, The Department of Conservation, Delacroix Corporation, Albert M. Stall and Victor A. Smith.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Denying Rehearing January 12, 2001.

Attorney(s) appearing for the Case

Lorna P. Turnage, Glenn E. Diaz, Chalmette, LA, Counsel for Plaintiffs/Appellants.

Richard P. Ieyoub, Attorney General, Gustave A. Manthey, Jr., Assistant Attorney General, Louisiana Department of Justice, New Orleans, LA, Counsel for Defendant/Appellant, State of Louisiana.

Gary P. Kraus, Onebane, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, Counsel for Defendant/Appellant, Victor P. Smith.

Paul A. Bonin, Bonin Law Firm, New Orleans, LA, Counsel for Defendant/Appellant, Albert M. Stall.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge STEVEN R. PLOTKIN, Judge MIRIAM G. WALTZER).

PLOTKIN, Judge.

The unique legal issue in this case is the ownership of and liability for an abandoned partially-submerged oil well casing located on a navigable waterway in State waters.

Defendants Albert M. Stall, Victor P. Smith, and the State of Louisiana appeal a trial court judgment awarding plaintiff Dwight J. Melerine a total of $436,144.32 for damages he sustained when his fishing boat struck an abandoned oil well casing. Melerine and his wife, Betty...

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