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STATE, DOTD v. McMILLION DOZER SERVICE

No. 93-CA-590.

639 So.2d 766 (1994)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. McMILLION DOZER SERVICE, INC.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied August 16, 1994.

Attorney(s) appearing for the Case

Bernard L. Malone, Office of the General Counsel, Baton Rouge (Ronald J. Bertrand, of counsel), Rayne, for plaintiff-appellant.

David Stone, Randall A. Smith, Scott T. Whittaker, Stone, Pigman, Walther, Witmann & Hutchinson, New Orleans, for defendant-appellee.

Before GAUDIN and GRISBAUM, JJ., and JOHN C. BOUTALL, J. Pro Tem.

GRISBAUM, Judge.

In this expropriation matter, the Louisiana Department of Transportation and Development (DOTD) appeals from a jury award finding the DOTD liable for $300,000 in delay damages and the legal interest award from the date of the expropriation petition, rather than from the date of legal demand. We amend in part and, as amended, we affirm.

ISSUES

We are called upon to determine three specific questions:

(1)...

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