Opinion
No. 2883.
November 25, 1969. Rehearing Denied January 7, 1970.
Appeal from Twenty Seventh Judicial District Court, Parish of St. Landry; Lessley P. Gardiner, Judge.
Young Burson, by I. J. Burson, Jr., Eunice, for defendants-appellants.
Shotwell, Brown Sperry, by E. C. Stout, Monroe, and Garland, DeJean Berggreen, by H. B. DeJean, Jr., Opelousa, for plaintiff-appellee.
Before SAVOY, HOOD and MILLER, JJ.
This expropriation suit was consolidated for trial and appeal with the companion case of Michigan Wisconsin Pipe Line Company v. Miller, 229 So.2d 182 (La.App. 3 Cir. 1969), decided also on this date.
For the reasons assigned in the companion case, the judgment of the district court is amended so as to increase the award to defendants, Michael W. Scanlan, Jr., Lela Andrus Scanlan, and Carl Dean Scanlan, from $1,604.50 to $4,178.50, together with legal interest on all unpaid amounts from the date of the taking, until paid. In all other respects, the judgment of the district court is affirmed at plaintiff-appellee's costs.
Amended and affirmed.
HOOD, J., dissents for reasons assigned in 229 So.2d 182 (La. App. 3 Cir. 1969).
On Application for Rehearing.
En Banc. Rehearing denied.
HOOD, J., is of the opinion that a rehearing should be granted.