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STATE EX REL. GUSTE v. CITY OF NEW ORLEANS

Nos. 62246, 62247.

363 So.2d 678 (1978)

STATE of Louisiana ex rel. William J. GUSTE, Jr., Attorney General and Representative R. Harmon Drew and B. F. O'Neal v. The CITY OF NEW ORLEANS, Moon Landrieu, Terrence Dubernay and Henry Simmons. STATE of Louisiana ex rel. William J. GUSTE, Jr., Attorney General v. The Honorable Judges George C. CONNOLLY, Jr., Adrian G. Duplantier, Thomas A. Early, Jr., Richard J. Garvey and Henry J. Roberts, Jr., in their official capacity as Judges for the Civil District Court for the Parish of Orleans, and the Honorable Judges Israel M. Augustine, Jr., Alvin V. Oser, Frank J. Shea, Charles R. Ward and Jerome M. Winsberg, in their official capacity as Judges for the Criminal District Court for the Parish of Orleans, and the Honorable Judges Joan B. Armstrong, Edward G. Gillin and Salvadore T. Mule, in their official capacity as Judges for the Juvenile Court for the Parish of Orleans.

Supreme Court of Louisiana.

Rehearings Denied November 9, 1978.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Donald Ensenat, Asst. Atty. Gen., La. Dept. of Justice, for plaintiffs-applicants in Nos. 62246 and 62247.

George C. Connolly, Jr., et al. in pro. per. for defendant-respondent in No. 62246.

Salvador Anzelmo, Acting City Atty., Thomas P. Anzelmo, Sr., Asst. City Atty., for defendants-respondents in No. 62246 and 62247.

Frank J. Shea, in pro. per., defendant-respondent in No. 62246 and 62247.

DIXON, Justice.

This litigation was engendered when the New Orleans City Council adopted Ordinance No. 6265 M.C.S. on February 17, 1977. On May 6, 1977 the plaintiffs sought declaratory and permanent injunctive relief (our No. 62246), alleging that the ordinance was unconstitutional because it conflicted with R.S. 13:691(C). The City of New Orleans, its mayor, administrative and finance officers were named defendants. After the State requested a preliminary injunction...

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