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CITY OF NEW ORLEANS v. BOARD OF COMMISSIONERS

No. 769.

148 So.2d 782 (1963)

CITY OF NEW ORLEANS and Audubon Park Commission v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 4, 1963.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Burke, Toler & Hopkins, Leon Sarpy, Peter A. Feringa, Jr., Charles I. Denechaud, Jr., Felix W. Gaudin, New Orleans, and Alvin J. Liska, City Atty. (Charles E. Cabibi, New Orleans, of counsel), for plaintiffs-appellants.

Sumter D. Marks, Jr., Charles M. Lanier, Emero S. Stiegman, New Orleans (Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, of counsel), for defendant-appellee.

Before McBRIDE, REGAN, YARRUT, SAMUEL and JOHNSON, JJ.

SAMUEL, Judge.

This suit seeks to enjoin the defendant from taking and occupying part of the bank of the Mississippi River fronting on Audubon Park in the City of New Orleans. After a trial on the rule nisi for a preliminary injunction and on the merits the District Court denied the injunction and dismissed the suit. Petitioners have suspensively appealed.

The litigation arose after defendant announced its intent...

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