
    STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Louis SMITH, Defendant-Appellee.
    No. 4533.
    Court of Appeal of Louisiana, Third Circuit.
    May 24, 1974.
    Rehearing Denied June 26,1974.
    Frugé & Foret by Jack C. Frugé, Ville Platte, and Johnie E. Branch, Jr., Baton Rouge, for plaintiff-appellant.
    Neblett, Führer & Broussard by Samuel H. Craven, Alexandria, for defendant-ap-pellee.
    Before CULPEPPER, MILLER and WATSON, JJ.
   WATSON, Judge.

For the reasons assigned in State of Louisana, thorough Department of Highways v. M. G. Realty Company, Inc., No. 4532 on the Docket of this court, 295 So.2d 469, handed down this day, the judgment of the trial court is affirmed and the demand for damages for frivolous appeal made by ap-pellee in answer to appeal is denied.

Costs are taxed against the appellant insofar as they are allowed by law.

Affirmed.  