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STATE, EX REL. DOTD v. LEMAIRE

No. 99-953.

787 So.2d 1015 (2001)

The STATE of Louisiana, through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. Walter LEMAIRE.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied June 1, 2001.

Attorney(s) appearing for the Case

Nora Stelly, Office of Richard Ieyoub, Lafayette, LA, Counsel for Plaintiff-Appellant.

Derriel McCorvey, Lafayette, LA, Counsel for Defendant-Appellee.

Gordon Sandoz, Abbeville, LA, Counsel for Defendant-Appellee.

Court composed of COOKS, PETERS and PICKETT, Judges.

COOKS, JUDGE.

ON REMAND

The Louisiana Supreme Court remanded this case instructing us to reconsider our original opinion in light of its recent holding in Farbe v. Casualty Reciprocal Exchange, 00-0076 (La.7/6/2000); 765 So.2d 994. We have carefully reviewed the holding in Farbe and find the relevant facts in that case are distinguishable from the present.

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