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LOUISIANA GAS SERV. CO. v. ST. TAMMANY GAS U. DIST. NO. 1

No. 6584.

189 So.2d 304 (1966)

LOUISIANA GAS SERVICE COMPANY v. ST. TAMMANY GAS UTILITY DISTRICT NO. 1, St. Tammany Parish, Louisiana, et al.

Court of Appeal of Louisiana, First Circuit.

On Rehearing June 13, 1966.

Attorney(s) appearing for the Case

Andrew P. Carter, Melvin I. Schwartzman, James D. Johnson, Jr., of Monroe & Lemann, New Orleans, for appellant.

Fred G. Benton, Sr., and Edward Donald Moseley, of Benton & Moseley, Baton Rouge, Julian J. Rodrigue, Covington, McDonald & Buchler, Metairie, Talley, Anthony, Hughes & Knight, Bogalusa, David E. Cooley, Asst. Atty. Gen., of Louisiana, Slidell, for appellee.

Joseph H. Kavanaugh, Baton Rouge, for Louisiana Public Service Commission, Tom H. Matheny, of Pittman & Matheny, Hammond, Carl J. Babin, Shreveport, for United Gas Corporation, Tom F. Phillips, of Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, for Gulf States Utilities Co., amici curiae.

Before ELLIS, LOTTINGER, LANDRY, REID and BAILES, JJ.

LOTTINGER, Judge.

This is a suit for a declaratory judgment seeking to have Act. 415 of 1960 (R.S. 33:4301-4308) declared unconstitutional. The Trial Judge favored us with written reasons for judgment which we believe clearly set forth the facts involved, and we quote from those reasons the following:

"The Louisiana Power and Light Company obtained a franchise from the Parish of St. Tammany to lay gas lines and furnish gas services Parishwide on the 17th...

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