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

Nos. 55218, 55219 and 55227.

309 So.2d 290 (1975)

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.

Supreme Court of Louisiana.

Rehearing Denied March 31, 1975.

Attorney(s) appearing for the Case

Blake G. Arata, City Atty., David S. Cressy, Asst. City Atty., for applicant in 55218, for respondents in 55219 and 55227.

Chaffe, McCall, Phillips, Toler & Sarpy, Harry McCall, Jr., James P. Farwell, New Orleans, for applicant in 55219, for respondents in 55218 and 55227.

Monroe & Lemann, Andrew P. Carter, Eugene G. Taggart, New Orleans, for applicant in 55227, for respondents in 55218 and 55219.

William J. Guste, Jr., Atty. Gen., Louis A. Gerdes, Jr., Robert L. Danner, Jr., Asst. Attys. Gen., for respondents in all cases.

David A. Marcello, Director, Louisiana Center for the Public Interest, New Orleans, for amicus curiae.

John M. Madison, Jr., Wilkinson, Carmody & Peatross, Shreveport, for amicus curiae, Southwestern Electric Power Co.

MARCUS, Justice.

On December 21, 1972, the Attorney General of Louisiana instituted this suit against the Council of the City of New Orleans [hereinafter referred to as the Council] and New Orleans Public Service, Incorporated [hereinafter referred to as NOPSI], seeking a declaratory judgment that the late charge provided in the rate schedules promulgated by NOPSI and approved by resolution of the Council for utility services and the city tax collected thereon were...

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