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STATE EX REL. GUSTE v. COUNCIL OF CITY OF NEW ORLEANS

No. 6121.

297 So.2d 518 (1974)

The STATE of Louisiana ex rel. William J. GUSTE, Jr., Attorney General v. The COUNCIL OF the CITY OF NEW ORLEANS and New Orleans Public Service, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied August 1, 1974.

Writs Granted October 4, 1974.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Louis A. Gerdes, Jr., Robert L. Danner, Jr., New Orleans, for plaintiff-appellant.

Chaffe, McCall, Phillips, Toler & Sarpy, Harry McCall, Jr., Blake G. Arata, City Atty., David S. Cressy, New Orleans, for defendants-appellees.

Monroe & Lemann, Andrew P. Carter, Eugene G. Taggart, H. Sloan McCloskey, New Orleans, for intervenor.

Before BOUTALL, MORIAL and BOURG, JJ.

MORIAL, Judge.

Two issues are to be determined in this case: (1) is a ten (10%) percent increase charged by the New Orleans Public Service, Inc. (NOPSI) on a utility bill paid after the due date, which is ten (10) days subsequent to the rendition of the bill, a rate or interest in violation of the eight (8%) percent limitation fixed by LSA-R. C.C. Article 2924? and (2) is it legal for NOPSI in computing the "gross total" due to apply the three (3%) percent city tax...

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