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BAGERT v. MOREAU

No. 7106.

325 So.2d 702 (1976)

Ben BAGERT v. James A. MOREAU et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied February 10, 1976.

Writs Refused March 19, 1976.

Attorney(s) appearing for the Case

Broderick A. Bagert, New Orleans, for plaintiff-appellee.

Blake G. Arata, Jacob Taranto, III, New Orleans, for members of the City Council for the City of New Orleans, defendants-appellants.

Chaffe, McCall, Phillips, Toler & Sarpy, Harry McCall, Jr., James P. Farwell, New Orleans, for New Orleans Public Service, Inc., intervenor-appellant.

Monroe & Lemann, Andrew P. Carter, Eugene G. Taggart, William T. Tete, Kenneth P. Carter, New Orleans, for Louisiana Power & Light Co., intervenor-appellant.

Before SAMUEL, REDMANN and GULOTTA, JJ.

GULOTTA, Judge.

Plaintiff, alleging himself to be a consumer of energy furnished by New Orleans Public Service, Inc. (NOPSI), files a mandamus suit to compel the Council of the City of New Orleans to hold a public hearing with public notice before approving fuel cost adjustments to be paid by the consumer.

NOPSI and Louisiana Power and Light Company (LP&L) intervene. Exceptions of lack of jurisdiction ratione materiae, no cause of action and prematurity...

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