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MAHER v. CITY OF NEW ORLEANS

No. 74-2022.

516 F.2d 1051 (1975)

Paula-Beth Lashley MAHER, Administratrix of the Succession of Morris G. Maher, Plaintiff-Appellant, v. The CITY OF NEW ORLEANS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 26, 1975.

Attorney(s) appearing for the Case

Harold B. Carter, Jr., Walter M. Barnett, New Orleans, La., for plaintiff-appellant.

Blake Arata, City Atty., Caryl H. Vesy, Asst. City Atty., New Orleans, La., for defendants-appellees.

James G. Derbes, New Orleans, La., for Vieux Carré, etc.

John W. Ormond, New Orleans, La., for Crescent Council, etc.

Before GEWIN, DYER and ADAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 26, 1975.

ADAMS, Circuit Judge:

The issues posed in the case at hand, although they concern a municipal ordinance, nevertheless carry implications of nationwide import.

Plaintiff Maher, on the basis of the Fifth Amendment, assails an ordinance of the City of New Orleans that regulates the preservation and maintenance of buildings in the historic Vieux Carré section of that city,

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