ALONZO v. STATE, DEPT. OF NATURAL RESOURCES

No. 2003-CA-0553.

900 So.2d 1111 (2005)

Gene ALONZO, Malcolm Assevedo, Richard J. Assevedo, Jr., George Barisich, Joseph Barisich, Dale Borden, Harry D. Borden, Donnie Campo, William Caywood, Pero Cibilic, Clear Water Oyster Inc., Joseph Collins, Ramo Domingo, et al. v. STATE OF LOUISIANA AND THE DEPARTMENT OF NATURAL RESOURCES

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 16, 2005.


Attorney(s) appearing for the Case

Glenn E. Diaz, Carlos Zelaya, Chalmette, Danial C. Vidrine, Baton Rouge, J. Wayne Mumphrey, David C. Vidrine, Wayne B. Mumphrey, Mumphrey Law Firm, L.L.C., Chalmette, Counsel for Plaintiffs/Appellees.

Charles C. Foti, Jr., Attorney General State of Louisiana, Andrew C. Wilson, Jedd S. Malish, Special Assistant Attorneys General State of Louisiana, Burke & Mayer, New Orleans, Counsel for Defendant/Appellant, The State of Louisiana, Department of Natural Resources.

Court composed of Judge JAMES F. McKAY III, Judge MAX N. TOBIAS Jr., Judge EDWIN A. LOMBARD.


McKAY, Judge.

On January 7, 2005, the Louisiana Supreme Court vacated the judgment of this Court and remanded the instant matter for this Court to consider the State's assertion of prescription and contractual indemnity in light of the Supreme Court's decision in Avenal v. State, 2003-3521 (La.10/19/04), 886 So.2d 1085.1 For a detailed account of the facts and procedural history giving rise to...

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