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COLCLOUGH v. ORLEANS PARISH SCHOOL BOARD

No. 1507.

166 So.2d 647 (1964)

John A. COLCLOUGH, M.D. v. ORLEANS PARISH SCHOOL BOARD, Rene C. Petz, Bert S. Titus, Mrs. Naomi G. Smith, Geoffrey A. Richard, John J. Horvath, and Board of Commissioners of New Orleans City Park Improvement Association.

Court of Appeal of Louisiana, Fourth Circuit.

July 15, 1964.

Attorney(s) appearing for the Case

Comiskey & Schaff, Val A. Schaff, III, New Orleans, for plaintiff and appellant.

Samuel I. Rosenberg, New Orleans, for Orleans Parish School Bd., Rene C. Petz, Bert S. Titus and John J. Horvath, defendants and appellees.

Lemle & Kelleher, Carl J. Schumacher, Jr., David L. Campbell, and R. M. Troy, Jr., New Orleans, for Mrs. Naomi G. Smith, defendant and appellee.

Reuter, Reuter & Schott, Arthur C. Reuter, New Orleans, for Geoffrey A. Richard, defendant and appellee.

Sessions, Fishman, Rosenson & Snellings and William P. Rutledge, New Orleans, for Board of Commrs. of City Park Improvement Assn. and United States Fidelity & Guaranty Co., defendants and appellees.

Before McBRIDE, REGAN and CHASEZ, JJ.

McBRIDE, Judge.

Plaintiff's suit was dismissed on defendants' exceptions of no cause or right of action and plaintiff has appealed. The issue on appeal is one of law predicated upon the allegations of fact in plaintiff's two petitions which, for the purpose of determining the exceptions, must be taken as true. Plaintiff's well-pleaded allegations of fact are these:

On February 15, 1963, he went to City Park in New...

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