CITY OF NEW ORLEANS v. FORSYTH

No. 43396.

99 So.2d 316 (1957)

233 La. 981

CITY OF NEW ORLEANS v. Lucius S. FORSYTH.

Supreme Court of Louisiana.

Rehearing Denied January 9, 1958.


Attorney(s) appearing for the Case

Alvin J. Liska, City Atty., David H. MacHauer, Asst. City Atty., New Orleans, for appellant.

Anthony J. Vesich, Jr., New Orleans, for appellee.


McCALEB, Justice.

The City of New Orleans is attempting to collect occupational license taxes from the defendant for conducting the business of lottery vendor in the Parish of Orleans, it being claimed that this business is taxable under the omnibus clause, Section 33, of the City Occupational License Tax Ordinance, No. 200, M.C.S.

The suit was dismissed by the district court on an exception of no cause of action, the judge holding that, since the State has...

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