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PLAQUEMINES PARISH COM'N COUNCIL v. SCHOENBERGER

No. 10478.

378 So.2d 528 (1979)

PLAQUEMINES PARISH COMMISSION COUNCIL and The Plaquemines Parish School Board v. Honorable Herman B. SCHOENBERGER, Sheriff and Ex-Officio Tax Collector for the Parish of Plaquemines.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 18, 1980.

Writ Refused March 3, 1980.

Attorney(s) appearing for the Case

Duke & Porterie, Louis B. Porterie and Chalin O. Perez, New Orleans, for plaintiffs-appellees.

Sidney C. Schoenberger and Charles A. Arceneaux, New Orleans, for defendant-appellant.

Milling, Benson, Woodward, Hillyer, Pierson & Miller, M. Truman Woodward, Jr., Hilton S. Bell, and Joseph W. Looney, New Orleans, for intervenors-appellants, Missouri Pacific Railroad Co. and Louisiana Southern Railway Co.

William J. Doran, Jr., Baton Rouge, for Police Jury Association of Louisiana-amicus curiae.

Before SAMUEL, SCHOTT and CHEHARDY, JJ.

SAMUEL, Judge.

Plaintiffs, the Plaquemines Parish Commission Council and the Plaquemines Parish School Board, filed this mandamus proceeding against the Sheriff and Ex-Officio Tax Collector for the Parish of Plaquemines seeking to force him to turn over to plaintiffs funds received from collection of ad valorem taxes paid under protest by five pipeline companies and two railroads, all owners of public service property in Plaquemines Parish. The seven pipeline and...

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