OSBORN FUNERAL HOME, INC. v. LOUISIANA ST. BD. OF EMBALM.

No. 11066.

216 So.2d 145 (1968)

OSBORN FUNERAL HOME, INC., Plaintiff-Appellant, v. LOUISIANA STATE BOARD OF EMBALMERS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 3, 1968.

Writ Refused January 20, 1969.


Attorney(s) appearing for the Case

Ferris & Achee, Shreveport, for appellant.

Michael M. Irwin, New Orleans, Jones, Kimball, Harper, Tete & Wetherill, Lake Charles, Morgan, Baker, Skeels & Coleman, Booth, Lockard, Jack Pleasant & LeSage, Shreveport, Jack P. F. Gremillion, Baton Rouge, Robert U. Goodman, Shreveport, for appellee.

Before GLADNEY, AYRES and PRICE, JJ.


PRICE, Judge.

Plaintiff, a licensed funeral home, brought this action in April, 1962, against the Louisiana State Board of Embalmers, seeking a declaratory judgment and injunction, alleging that certain rules and regulations promulgated by the Board were ultra vires in that they were in excess of its authority as granted in the legislative act creating the Board. Plaintiff further sought to have declared illegal and to enjoin the action of the Board in seeking to...

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