Opinion
No. 1879.
January 11, 1967. Rehearing Denied February 7, 1967.
Appeal from the Fourteenth Judicial District Court, Parish of Calcasieu; G. William Swift, Jr., Judge.
Nathan A. Cormie Associates, by Robert E. Morgan, Lake Charles, for defendant-appellant.
D. Ross Banister, Glenn S. Darsey, Jesse S. Moore, Jr., and Ben C. Norgress, by Ben C. Norgress, Baton Rouge, for plaintiff-appellee.
Before TATE, SAVOY and HOOD, JJ.
This case was consolidated for trial in the district court with suit number 1878, 194 So.2d 404, on the docket of this Court, namely, State of Louisiana, Through Department of Highways v. Fontenot. Separate decrees were rendered by the district court.
For the reasons assigned in suit number 1878, the judgment of the district court is affirmed at appellee's costs.
Affirmed.
On Application for Rehearing.
En Banc.
By application for rehearing, the appellee Department has called to our attention that inadvertently we assessed the costs of appeal to appellee instead of to the unsuccessful defendant-appellant.
Our original decree herein is amended so as to assess Hammy Fontenot, the defendant-appellant, with the costs of the appeal. As amended, our original decree is reinstated.
The defendant appellant is reserved the right to apply for further rehearing.
Original decree amended, and application for rehearing denied.