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LOUISIANA DOTD. v. OILFIELD HEAVY HAULERS

No. 10-1392.

62 So.3d 308 (2011)

The LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. OILFIELD HEAVY HAULERS, L.L.C., Ace Transportation, Inc., David Kyle Vincent, II, and Liberty Mutual Fire Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

April 6, 2011.

Attorney(s) appearing for the Case

James M. Bookter , Assistant General Counsel-Office of General Counsel, Baton Rouge, LA, for Plaintiff/Appellant, The Louisiana Department of Transportation and Development.

Paul D. Gibson , Jason B. Boudreaux , W. Corey Grimley , Gibson, Gruenert & Zaunbrecher, P.L.L.C., Lafayette, LA, for Defendant/Appellee, Oilfield Heavy Haulers, L.L.C.

Dale P. Martin , Martin Law Firm, Broussard, LA, for Defendants/Appellees, David Kyle Vincent, II, Ace Transportation, Inc. and Liberty Mutual Fire Insurance Company.

Court composed of JOHN D. SAUNDERS, BILLY H. EZELL, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

Plaintiff, the Louisiana Department of Transportation and Development (DOTD), appeals the trial court's judgment denying its Motion to Vacate and Set Aside Order of Dismissal which dismissed DOTD's claims on the grounds of abandonment. For the following reasons, we affirm.

FACTS

DOTD filed a lawsuit against Defendants for property damage allegedly done to two of its overpasses on Interstate 10 in Acadia Parish. DOTD asserted...

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