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PEARCE v. JOHNSON

No. 3150.

238 So.2d 271 (1970)

Dave L. PEARCE, Commissioner of Agriculture of the State of Louisiana, Plaintiff and Appellant, v. Jessie JOHNSON, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 26, 1970.

Writ Refused October 7, 1970.

Attorney(s) appearing for the Case

Joel B. Dickinson, Baton Rouge, for plaintiff-appellant.

Preston N. Aucoin, Ville Platte, for defendant-appellee.

Before TATE, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

Plaintiff seeks a mandatory injunction ordering defendant to present and restrain his cattle in Evangeline Parish for brucellosis testing. From an adverse judgment, plaintiff appeals.

The injunction is sought under LSA-R.S. 3:2221, subd. C. which reads as follows:

"When the known infected herds in any parish have been reduced to five percent or less of the total number of herds in the parish, as determined by the latest official...

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