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FIREMEN'S PENSION AND RELIEF FUND v. SUDDUTH

No. 4165.

276 So.2d 727 (1973)

FIREMEN'S PENSION AND RELIEF FUND FOR the CITY OF LAKE CHARLES, Plaintiff and Appellee, v. James E. SUDDUTH, Mayor of the City of Lake Charles, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

April 25, 1973.

Attorney(s) appearing for the Case

Peter A. Ciambotti, Lake Charles, for defendant and appellant.

Cox & Cox by James J. Cox, Lake Charles, for plaintiff and appellee.

Before FRUGE, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

The Firemen's Pension and Relief Fund for the City of Lake Charles seeks a writ of mandamus directing James E. Sudduth, Mayor of the City of Lake Charles, to pay into the fund a sum equal to 4% of the total salary of all employees of the Fire Department of the City of Lake Charles for the fiscal year 1970-1971, as required by Subsection (4), Section 9, Act 186 of 1944, as amended. The defendant filed an exception of res judicata, based on the judgment...

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