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SEARS, ROEBUCK AND COMPANY v. CITY OF NEW ORLEANS

No. 44676.

117 So.2d 64 (1960)

238 La. 936

SEARS, ROEBUCK AND COMPANY v. CITY OF NEW ORLEANS, Honorable DeLesseps S. Morrison, Mayor and Colonel Provosty A. Dayries, Superintendent of Police.

Supreme Court of Louisiana.

January 11, 1960.

Attorney(s) appearing for the Case

Alvin J. Liska, City Atty., Curtis R. Boisfontaine, Sp. Counsel for City of New Orleans, Joseph Hurndon, Asst. City Atty., New Orleans, for defendant-appellant.

Clarence F. Favret, New Orleans, for plaintiff-appellee.

VIOSCA, Justice.

Plaintiff brought suit seeking to have Ordinance No. 1559 M.C.S. of the City of New Orleans declared unconstitutional, illegal, and unenforceable, and to permanently restrain and enjoin the defendants from enforcing the provisions of the ordinance. To the suit the defendants filed an exception to the jurisdiction of the court ratione materiae. The district court reserved judgment on the exception and heard testimony on the merits of the case. After...

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