STATE, DEPT. OF HWYS. v. NATIONAL ADV., 304 So.2d 792 (La.App. 3 Cir. 1974)

STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HIGHWAYS, PLAINTIFF AND APPELLANT, v. NATIONAL ADVERTISING COMPANY, DEFENDANT AND APPELLEE.

No. 4745.Court of Appeal of Louisiana, Third Circuit.
October 30, 1974. Rehearing Denied November 22, 1974.

APPEAL FROM FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU; HONORABLE HENRY L. YELVERTON, JUDGE.

[1] DOMENGEAUX, J., voted to grant rehearing. [2] Alva Jones, La. Dept. of Highways, Baton Rouge, for plaintiff and appellant. [3] Sanders, Miller, Downing Kean by R. Gordon Kean, Jr., Baton Rouge, Plauche, Smith Hebert by Reid K. Hebert, Lake Charles, for defendant and appellee. [4] Before HOOD, CULPEPPER and DOMENGEAUX, JJ. [5] CULPEPPER, Judge. [6] For the reasons stated in the companion case of State of Louisiana, Through Department of Highways v. Lamar Advertising Company of Louisiana, Inc., 304 So.2d 779, in which a separate decision has been rendered by us this date, the judgment appealed herein is reversed and set aside. [7] It is now ordered, adjudged and decreed that there be judgment herein in favor of the plaintiff overruling defendant’s exception of prematurity. This case is remanded to the district court for further proceedings in accordance with law and the views expressed herein. All costs of this appeal are assessed against the defendant appellee. [8] Reversed and remanded. [9] DOMENGEAUX, J., dissents for reasons in # 4736.