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SOUTH. AMUSEMENT CO. v. PAT'S OF HENDERSON

No. 03-767.

871 So.2d 630 (2004)

The SOUTHERN AMUSEMENT CO., INC. v. PAT'S OF HENDERSON SEAFOOD & STEAK, INC.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 19, 2004.

Attorney(s) appearing for the Case

C. Eston Singletary, Jr., Scofield, Gerard, Veron, Singletary & Pohorelsky, Russell J. Stutes, Jr., Lake Charles, LA, for Plaintiff/Appellant, the Southern Amusement Co., Inc.

Rudie Ray Soileau, Jr., David Dwight, Lake Charles, LA, for Defendant/Appellee, Pat's of Henderson Seafood & Steak, Inc.

Christopher E. John, Lake Charles, LA, for Intervenor/Appellee, City of Lake Charles.

Court composed of SYLVIA R. COOKS, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

The plaintiff, Southern Amusement Company, Inc., appeals the judgment of the trial court denying its motion for a new trial on the issue of whether a private and public servitude exists on property owned by the defendant, Pat's of Henderson Seafood and Steaks, Inc. We affirm in part, reverse in part, and render.

FACTS

On September 30, 1977, Joseph and Shirley McIver, Jr. and Robert and Mary Elam purchased a tract of land containing...

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