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WILKERSON v. BATTISTE

No. 13764.

393 So.2d 195 (1980)

Herman WILKERSON, Appearing Individually and in his Capacity as a Duly Elected Member and President of the Board of Directors of the St. Peter's Baptist Church of Iberville, v. Arthur BATTISTE, Sr. et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 26, 1981.

Attorney(s) appearing for the Case

Milton Osborne of Osborne & Richard, Plaquemine, for plaintiff-appellant Herman Wilkerson.

Arthur Neal Begwell, White Castle, for defendants-appellees Arthur Battiste, Sr., Walter Ben, Sr., Horace James, Oscar Moton, John A. Smith, Henry Sterling, Leonard Phillip, and Reverend Theodore Scott.

Before LOTTINGER, EDWARDS and PONDER, JJ.

LOTTINGER, Judge.

This suit for a writ of quo warranto is before us on the narrow question of whether the civil courts of this state have subject matter jurisdiction over the election of board members and the appointment of a minister of a nonprofit religious corporation. The trial court dismissed the suit by sustaining exceptions of lack of subject matter jurisdiction and no right of action. The plaintiff brings this appeal.

The plaintiff, Herman Wilkerson...

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