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HASPEL & DAVIS MILLING v. BOARD OF LEVEE COM'RS

No. 07-30086.

493 F.3d 570 (2007)

HASPEL & DAVIS MILLING & PLANTING COMPANY LTD., represented herein by its President, Karl M. Samuels; Poydras Minerals LLC, successor in interest of Poydras Realty Company, represented by its co-managers George B. Jurgens III & Frank A. Tessier, Billie Breuille, Arthur Q. Davis, Lawrence H. Iverson, for themselves and on behalf of all members of a state recognized class action, Plaintiffs-Appellees, v. BOARD OF LEVEE COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT, Defendant-Appellant, and State of Louisiana, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 23, 2007.

Attorney(s) appearing for the Case

James Patrick Magee (argued), Jerome J. Reso, Jr., Baldwin & Haspel, Conrad Meyer, IV, Adams & Reese, New Orleans, LA, for Plaintiffs-Appellees.

David Alexander Young, Baton Rouge, LA, for State of LA.

Scott Allen O'Connor (argued), Michael E. Botnick, C. Peck Hayne, Jr., Sara Emily Mouledoux, Gordon, Arata, McCollam, Duplantias & Eagan, New Orleans, LA, for Defendants-Appellants.

Before HIGGINBOTHAM, DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The defendant, Board of Commissioners of the Orleans Levee District (the "Levee Board"), appeals the district court's summary judgment in favor of the plaintiffs, owners of property expropriated as part of the Bohemia Spillway (the "landowners"). The money judgment in favor of the landowners and against the Levee Board is in the amount of $17,442,332.87, plus interest, costs, and attorneys' fees. The Levee Board also appeals the district...

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