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RONALD ADAMS CONTRACTOR, INC. v. STATE THROUGH DEPARTMENT OF WILDLIFE

No. 2000 CA 1490.

807 So.2d 881 (2001)

RONALD ADAMS CONTRACTOR, INC. v. STATE of Louisiana Through the DEPARTMENT OF WILDLIFE & FISHERIES.

Court of Appeal of Louisiana, First Circuit.

Writ Denied January 25, 2002.

Attorney(s) appearing for the Case

Herman C. Hoffmann, Jr., John F. Shreves, New Orleans, for Plaintiff—Appellee Ronald Adams Contractor, Inc.

Richard P. Ieyoub, Attorney General, Robert H. Carpenter, Jr., Assistant Attorney General, Donald E. Puckett, Frederick C. Whitrock, Baton Rouge, for Defendant—Appellant State of Louisiana Through the Department of Wildlife & Fisheries.

Before: FOGG, GUIDRY, and SHORTESS, JJ.

FOGG, Judge.

In this suit for a declaratory judgment, the salient issue raised on appeal is whether or not the royalty provided for in LSA-R.S. 56:2011(B) is due when fill is dredged from state-owned water bottoms for use in a state highway project. For the following reasons, we reverse the judgment of the trial court.

Ronald Adams Contractor, Inc. (RACI) entered into a construction contract with the Louisiana Department of Transportation and Development ...

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