STATE, DEPT. OF HWYS. v. NATIONAL ADV

Full title: STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF HIGHWAYS, PLAINTIFF AND…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Nov 20, 1974

304 So. 2d 788 (La. Ct. App. 1974)

Opinion

No. 4737.

October 30, 1974. Rehearing Denied November 20, 1974.

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

Alva Jones, La. Dept. of Highways, Baton Rouge, for plaintiff and appellant.

Sanders, Miller, Downing Kean by R. Gordon Kean, Jr., Baton Rouge, and Plauche, Smith Herbert by Reid K. Hebert, Lake Charles, for defendant and appellee.

Before HOOD, CULPEPPER and DOMENGEAUX, JJ.

Domengeaux, J., voted to grant rehearing.

[5] CULPEPPER, Judge.

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.

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.

Reversed and remanded.

DOMENGEAUX, J., dissents for reasons in # 4736.