STATE, D. OF HWYS. v. JEANERETTE LMBR., 335 So.2d 456 (La.App. 1 Cir. 1976)

STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HIGHWAYS v. JEANERETTE LUMBER SHINGLE COMPANY, LTD.

No. 10744.Court of Appeal of Louisiana, First Circuit.
May 24, 1976. Rehearing Denied July 6, 1976.[*] Writ Granted October 22, 1976.

[*] Ellis, J., dissented from refusal to grant a rehearing in 335 So.2d 453.

APPEAL FROM EIGHTEENTH JUDICIAL DISTRICT COURT, PARISH OF IBERVILLE; HONORABLE IAN W. CLAIBORNE, JUDGE.

West Page 457

D. Ross Bannister, Wm. W. Irwin, Jr., Jerry F. Davis, Alva Jones and Johnie E. Branch, Jr., Baton Rouge, for appellant.

Walter J. Suthon, III, New Orleans, for appellee.

Before ELLIS, BLANCHE and LOTTINGER, JJ.

BLANCHE, Judge.

[1] For the reasons set forth in our opinion in “State of Louisiana, Through the Department of Highways v. Jeanerette Lumber Shingle Company, Ltd., La.App., 335 So.2d 453,” No. 10,743, the judgment of the trial court is reversed and it is hereby ordered, adjudged and decreed that the defendant’s motion to dismiss or modify is hereby overruled and set aside. [2] The defendant is taxed with all costs of this proceeding as may legally be assessed against the State of Louisiana. [3] REVERSED AND RENDERED.

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