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CITY OF NEW ORLEANS v. GRAND LODGE OF IND. ORDER OF ODD FELLOWS

No. 4142.

241 So.2d 7 (1970)

CITY OF NEW ORLEANS v. The GRAND LODGE OF the INDEPENDENT ORDER OF ODD FELLOWS of the State of Louisiana, Acme Realty Company, Inc., d/b/a Acme Marble and Granite Company and Unknown Owners.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 7, 1970.

Attorney(s) appearing for the Case

Blake G. Arata and Jackson P. McNeely, New Orleans, for plaintiff-appellee.

Henican, James & Cleveland, C. Ellis Henican, Carl W. Cleveland, New Orleans, for defendants-appellants.

Albert B. Koorie, New Orleans, Curator ad hoc for absentees.

Before LEMMON, GULOTTA and BARNETTE, JJ.

BARNETTE, Judge.

The defendants, plaintiffs in reconvention, have appealed from a judgment dismissing their petition in reconvention in part on exception of prematurity and in part on exceptions of no cause or right of action.

This is a proceeding instituted by the City of New Orleans for the expropriation of the Odd Fellows Rest Cemetery, located at the corner of Canal Street and City Park Avenue, for the purpose of redesigning the intersection so as to eliminate...

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