Opinion
No. 97-CC-2287
October 3, 1997
IN RE: Transportation Dev. Dept. of; Louisiana State of; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Pointe Coupee 18th Judicial District Court Div. "C" Number 30143; to the Court of Appeal, First Circuit, Number CW97 1184
Granted. Case remanded to the trial court for reconsideration of the privilege issue in light of Reichert v. State of Louisiana, 96-1419, 96-1460 (La. 5/20/97), 694 So.2d 193. Further, the award of attorney's fees and costs is vacated and set aside. Relator had a right to assert the privilege under 23 U.S.C. § 409 and did so in good faith.
PFC
WFM
HTL
BJJ
JPV
CDT
JTK
KIMBALL, J. not on panel.