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LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT v. KANSAS CITY SOUTHERN RY. CO.

No. 36,002-CA.

827 So.2d 443 (2002)

LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT, Plaintiff-Appellant, v. KANSAS CITY SOUTHERN, et al RAILWAY CO., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 8, 2002.

Attorney(s) appearing for the Case

Oats & Hudson, by WM. H. Hudson, III, Lawrence E. Marino, Lafayette, Lawrence A. Durant, James M. Bookter, Baton Rouge, for Appellant, Louisiana Department of Transportation & Development General Counsel.

Wilkinson, Carmody & Gilliam, by Bobby S. Gilliam, Shreveport, for Kansas City Southern Railway Co., Defendant-Appellee.

Fulbright & Jaworski, by Osborne J. Dykes, III, Rebecca J. Cole, David M. Goldberg, for Appellee, Crystal Gas Storage, Inc.

Cook, Yancey, King & Galloway, by Albert M. Hand, Jr., Shreveport, for Crystal Gas Storage, Inc.

John S. Stephens, for Appellee, Steel Erectors Plus.

Before NORRIS, STEWART and DREW, JJ.

DREW, J.

This appeal arose out of a dispute over the efforts of the State of Louisiana, Department of Transportation and Development (DOTD) to be paid by previous property owners for the costs of removal of allegedly hazardous material discovered during the construction of Interstate 49 in Shreveport. DOTD appealed the partial summary judgment1 in favor of Crystal Gas Storage, Inc. (Crystal) and Kansas City Southern Railway Company (KCS...

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