PEARCE EX REL. LOUISIANA LIVESTOCK SAN. BD. v. ROY

No. 3683.

257 So.2d 756 (1972)

Dave L. PEARCE, Commissioner of Louisiana Department of Agriculture ex rel. LOUISIANA LIVESTOCK SANITARY BOARD, Plaintiff-Appellant, v. Anthony J. ROY, Sr., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 1, 1972.


Attorney(s) appearing for the Case

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

Roy & Roy by A. J. Roy, Jr., Marksville, for defendant-appellee.

Before FRUGE, SAVOY and HOOD, JJ.


FRUGE, Judge.

The plaintiff herein filed suit seeking an injunction under LSA-R.S. 3:2221 et seq. in an effort to have the defendant pen certain of his cattle for the purpose of Brucellosis testing. The defendant filed numerous exceptions to the plaintiff's petition, among which were lack of procedural capacity and no right or cause of action. The trial judge referred all exceptions to the merits. At the trial, the plaintiff showed that the cattle in question were...

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