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BROWN v. DEMOCRATIC COM., COURT OF APP., FOURTH CIR.

No. 4330.

238 So.2d 48 (1970)

Reverend Thomas BROWN v. DEMOCRATIC COMMITTEE, COURT OF APPEAL, FOURTH CIRCUIT, THIRD DISTRICT, et al. Lezin C. OUBRE, Jr. v. DEMOCRATIC COMMITTEE, COURT OF APPEAL, FOURTH CIRCUIT, THIRD DISTRICT, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied July 21, 1970.

Attorney(s) appearing for the Case

Tucker & Schonekas, Gibson Tucker, Jr., and Jerald N. Andry, New Orleans, for Reverend Thomas Brown and Lezin C. Oubre, Jr., plaintiffs-appellants.

Charles J. Rivet, New Orleans, for Harry T. Lemmon, defendant-appellee; Alfred Abramson, Laplace, Joseph Accardo, Jr., Luling, Daniel E. Becnel, Jr., Reserve, Charles S. Becnel, Vachoue, G. Walton Caire, Edgard, Joel T. Chaisson, Luling, Remy F. Gross, II, Laplace, Gordon Hackman, Luling, Lloyd R. Himel, Lutcher, Thomas J. Kliebert, Gramercy, Charles S. Lagarde, Jr., Harry J. Morel, Jr., Luling, Ralph R. Miller, Norco, John L. Peytavin, New Orleans, Roland J. St. Martin, Laplace, Wendell Tanner, Norco, James P. Vial, Leon C. Vial, III, Hahnville, of counsel.

Before REGAN, SAMUEL, CHASEZ, REDMANN, BARNETTE, LeSUEUR and SWIFT, JJ., en banc.

LeSUEUR, Judge.

On June 12, 1970, Mr. Lemmon, an attorney, completed and filed forms necessary to qualify as a candidate in the Democratic Primary for the office of Judge of the Court of Appeal, Fourth Circuit, Third District. The plaintiff objected to the candidacy denying that Mr. Lemmon was a resident or elector of the District and lodging an appropriate petition with the Democratic Committee sponsoring the election.

A hearing was convened and testimony...

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