SOUTHERN SCRAP MATERIAL CO., LTD. v. STATE, ETC.

No. 9774.

367 So.2d 1304 (1979)

SOUTHERN SCRAP MATERIAL CO., LTD., Boland Marine and Manufacturing Co., Inc., and Lane & Company, Inc. v. The STATE of Louisiana, Through VARIOUS SUBDIVISIONS, AGENCIES & BOARDS, Including but not limited to the Board of Commissioners of the Port of New Orleans, the Department of Transportation and Development, Office of Highways, and the City of New Orleans each of which are named Individually as Defendants.

Court of Appeal of Louisiana, Fourth Circuit.

February 6, 1979.


Attorney(s) appearing for the Case

Herman & Herman, Russ M. Herman and Joseph R. Boyd, New Orleans, for plaintiffs-appellants.

City of New Orleans, Edmond J. Harris, New Orleans, for City of New Orleans, defendant-appellee.

Phelps, Dunbar, Marks, Claverie & Sims, Charles M. Lanier and Danny G. Shaw, New Orleans, for Bd. of Comm. of the Port of New Orleans, defendant-appellee.

Doran & Kivett, William J. Doran, Jr., Baton Rouge, for State of Louisiana Dept. of Transp. & Development, defendant-appellee.

Before GULOTTA, BOUTALL and GARRISON, JJ.


GULOTTA, Judge.

The trial judge dismissed, on exceptions of no right and no cause of action, plaintiffs' petition to perpetuate testimony in connection with a contemplated future suit against defendants. We affirm.

In their petition plaintiffs allege, 1) that they are lessees of the Board of Commissioners of the Port of New Orleans of property situated adjacent to the Industrial Canal; 2) that defendants contemplate alteration, renovation, and reconstruction...

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