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STATE EX REL. AVERILL v. COOPER

No. 3173.

43 So.2d 163 (1949)

STATE ex rel. AVERILL et al. v. COOPER, Collector of Revenue et al.

Court of Appeal of Louisiana, First Circuit.

November 25, 1949.

Attorney(s) appearing for the Case

John B. Smullin, Baton Rouge, for appellant.

Bolivar E. Kemp, Jr., Attorney General, Carroll Buck, Asst. Attorney General, Wesley R. Wirtz, Asst. Attorney General, Adolph Menuet, Jr., Asst. Attorney General, Stephen B. Rodi, Baton Rouge, for appellee.

ELLIS, Judge.

This is a mandamus proceeding filed on June 30th, 1948 by C. F. Averill and John B. Smullin, former employees of the Department of Revenue of Louisiana, to compel W. A. Cooper, Collector of Revenue to pay them certain sums of money they claim to be due them for annual leave, and to compel J. H. Rester, Commissioner of Administration of Louisiana to enforce payment of their respective claims or show cause to the contrary. Averill and Smullin allege that...

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