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NEW ORLEANS MORTG. CO., INC. v. CITY OF KENNER

No. 9365.

362 So.2d 1217 (1978)

NEW ORLEANS MORTGAGE COMPANY, INC. v. CITY OF KENNER, Acres, Inc., and Wegro, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

September 12, 1978.

Attorney(s) appearing for the Case

O'Keefe, O'Keefe & Berrigan, E. John Litchfield, New Orleans, for plaintiff-appellant, New Orleans Mortgage Co., Inc.

H. A. Vondenstein, Kenner, for defendant-appellee, the City of Kenner.

Before SAMUEL, SCHOTT and GARRISON, JJ.

GARRISON, Judge.

This appeal from the 24th Judicial District Court for the Parish of Jefferson is from the maintenance by the trial court of an exception of "judicial estoppel" in favor of defendant, City of Kenner. Plaintiff, New Orleans Mortgage Company, filed the instant suit seeking to recover certain surplus funds generated from paving improvement assessments levied by the City of Kenner on certain property (described specifically in plaintiff's amended petition...

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