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CLARK v. ST. MARY DRAINAGE DIST. # 3

No. 2001 CA 1835.

846 So.2d 760 (2002)

Charlotte CLARK, et al. v. The PARISH OF ST. MARY GRAVITY DRAINAGE DISTRICT # 3, the Parish of St. Mary and the State of Louisiana Through the Department of Transportation and Development

Court of Appeal of Louisiana, First Circuit.

September 27, 2002.

Attorney(s) appearing for the Case

Allen J. Myles Plaquemine, for Plaintiffs/Appellants, Charlotte Clark, et al.

Dale H. Hayes Morgan City, for Defendant/Appellee, Consolidated Drainage District # 2 (GDD# 3).

Julius W. Grubbs New Iberia, for Defendant/Appellee, State of Louisiana, Department of Transportation and Development.

Before: CARTER, C.J., WHIPPLE and CIACCIO, JJ.

WHIPPLE, J.

Plaintiffs appeal from a summary judgment rendered in favor of defendant, the Department of Transportation and Development ("the DOTD"). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On May 5, 1996, the bodies of two young boys, Javon Clark (age 9) and Ronnie Clark (age 13), were recovered in a drainage canal referred to as "Duck Bayou," near D & B Seafood on Louisiana Highway 70 ("La.70") in Morgan City, Louisiana...

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