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SMITH v. CUTTS

No. 99-253.

759 So.2d 851 (2000)

Glenn SMITH, et al. v. Jimmie CUTTS, et al.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied June 2, 2000.

Attorney(s) appearing for the Case

A. Bruce Perkins, II, Alexandria, LA, Counsel for Glenn Smith, et al., Plaintiffs/Appellees.

Howard B. Gist, III, Gist, Methvin & Hughes, Alexandria, LA, J. Phillip Terrell, Alexandria, LA, Counsel for Jimmie Cutts, et ux. and New Hampshire Insurance Company, Defendants/Appellants.

Thomas Wells, Assistant District Attorney, Alexandria, LA, Counsel for Rapides Parish Police Jury, Defendant/Appellee.

Victoria Murry, Assistant Attorney General, Alexandria, LA, Counsel for State of Louisiana, Department of Health & Hospitals.

Richard Young, (in proper person) Boyce, LA, Defendant/Appellee.

Court composed of Judge ULYSSES GENE THIBODEAUX, Judge SYLVIA R. COOKS and Judge ELIZABETH A. PICKETT.

THIBODEAUX, Judge.

Defendants, Jimmie and Brenda Cutts, appeal the trial court's judgment awarding plaintiffs, Glenn and Cynthia Smith, damages resulting from the back-up of sewage on the Smiths' property. The trial court also enjoined Mr. and Mrs. Cutts from using and operating the toilets and plumbing on their property until the sewage from their sewer treatment plant does not affect the Smiths' property. We affirm that portion of the judgment which granted the...

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