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TENNESSEE GAS TRANSMISSION CO. v. VIOLET TRAPPING CO.

No. 47556.

176 So.2d 425 (1965)

248 La. 49

TENNESSEE GAS TRANSMISSION COMPANY v. VIOLET TRAPPING COMPANY, Inc.

Supreme Court of Louisiana.

On Rehearing June 7, 1965.

Dissenting Opinion June 15, 1965.

Rehearing Denied and Dissenting Opinion Filed July 2, 1965.

Attorney(s) appearing for the Case

John W. Bryan, Jr., New Orleans, for defendant-applicant.

Haynes L. Harkey, Jr., City Atty., William F. Pipes, Jr., Asst. City Atty., for City of Monroe, amicus curiae.

Alwine L. Mulhearn, Mulhearn & Mulhearn, Tallulah, for Mulhearn Rental Properties, Inc., amicus curiae.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Ernest A. Carrere, Jr., Gerald N. Sims, New Orleans, Shotwell & Brown, Burt W. Sperry, Monroe, for plaintiff-respondent.

Jack P. F. Gremillion, Atty. Gen., Carroll Buck, First Asst. Atty. Gen., Harry Fuller, Second Asst. Atty. Gen., M. E. Culligan, John E. Jackson, Jr., Asst. Attys. Gen., for intervenor.

McCALEB, Justice.

The question for decision on this writ of certiorari is whether R.S. 19:13, as last amended by Act 108 of 1960, and Articles 2634 and 2636 of the Civil Code, as amended by Acts 92 and 93 of 1960, which abolish suspensive appeals in all expropriation cases, are violative of that part of Section 2 of Article 1 of the Louisiana Constitution providing that "* * * private property shall not be taken or damaged except for public purposes and after just...

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