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LONG v. STATE EX REL. DOTD

No. 2004-C-0485.

916 So.2d 87 (2005)

James W. LONG, et al. v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Supreme Court of Louisiana.

Order Denying Rehearing and Opinion Dissenting in Part on Denial of Rehearing December 21, 2005.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, James R. Dawson, Assistant Attorney General, William E. Crawford, Assistant Attorney General, Counsel for Applicant.

Fewell-Kitchens, Richard L. Fewell, Jr., Robert T. Knight, Edward Dion Young, Counsel for Respondent.

TRAYLOR, J.

We granted certiorari to determine two issues: (1) whether 23 U.S.C. § 409 precludes the admission of correspondence between the State of Louisiana, through the Department of Transportation and Development (hereinafter "DOTD") and a municipality regarding proposed upgrades to a roadway/railroad crossing owned by the municipality; and (2) whether the DOTD automatically assumes a duty to maintain a non-state owned crossing solely by selecting the crossing...

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