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TUCKER v. HUVAL

No. 7119.

374 So.2d 745 (1979)

Knowles M. TUCKER, District Attorney, Plaintiff and Appellant, v. Patrick HUVAL, Mayor, Town of Henderson, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

August 23, 1979.

Attorney(s) appearing for the Case

Knowles M. Tucker and Leon E. Roy, Jr., New Iberia, for plaintiff and appellant.

J. B. Willis, St. Martinville, for defendant and appellee.

Before CULPEPPER, WATSON and FORET, JJ.

CULPEPPER, Judge.

The district attorney of the Sixteenth Judicial District filed this suit to remove from office the defendant, mayor of the town of Henderson, on the grounds that defendant was convicted of a felony, attempted willful evasion of Federal Income Taxes, during his term of office. The defendant filed an exception of no cause of action on the grounds that the Federal crime alleged in plaintiff's petition is not a felony within the meaning of the Louisiana...

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