BONNER v. B-W UTILITIES, INC.

Civ. A. No. 18641.

452 F.Supp. 1295 (1978)

Wilbur Ernest BONNER, v. B-W UTILITIES, INC., Percy Nichols, Individually and as President thereof, Charles H. Ryan, James W. Beaver, Hughie Perry, Individually and as Sheriff of Morehouse Parish, Louisiana, and William J. Guste, Jr., Individually and as Attorney General of Louisiana.

United States District Court, W. D. Louisiana, Monroe Division.

June 19, 1978.


Attorney(s) appearing for the Case

Stephen J. Katz, Bastrop, La., Paul Henry Kidd, Monroe, La., for plaintiff.

Robert C. Cudd, III, Thompson, Sparks, Cudd & Dean, Monroe, La., for defendants B-W Utilities and P. W. Nichols.

Charles H. Ryan, in pro. per., for James W. Beaver and Charles H. Ryan.

Alex W. Rankin, Rankin & Yeldell, Bastrop, La., for Hughie Perry.

Robert C. Downing, Asst. Atty. Gen. for La., Monroe, La., for the Atty. Gen. of La.

Robert G. Pugh, Shreveport, La., amicus curiae.


OPINION

DAWKINS, Senior District Judge.

We here are presented with an attack upon one aspect of Louisiana's statutory procedure for enforcing mortgage obligations on real property by executory process.

Wilbur Ernest Bonner seeks a declaratory judgment that article 2701 of the Louisiana Code of Civil Procedure, commonly known as the statutory pact de non alienando is unconstitutional because it provides for permanent deprivation of property...

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