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COSMAR, INC. v. WATERWORKS DIST. NO. 2 OF PARISH OF IBERVILLE

No. 14649.

414 So.2d 819 (1982)

COSMAR, INC., et al v. WATERWORKS DISTRICT NO. 2 OF the PARISH OF IBERVILLE, Louisiana and the Parish of Iberville.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 21, 1982.

Writ Granted July 27, 1982.

Attorney(s) appearing for the Case

Victor A. Sachse, III, Claude F. Reynaud, Jr., of Brezeale, Sachse & Wilson, Baton Rouge, for Cosmar, Inc., American Petrofina, Inc., Borg Warner Corp., and Carville Properties, Inc.

Houston C. Gascon, III, Asst. Dist. Atty., Plaquemine, for Police Jury of the Parish of Iberville.

J. Hugh Martin of Foley, Judell, Beck, Bewley & Martin, New Orleans, for Bd. of Com'rs of Water Works Dist. No. 2 Parish of Iberville, La.

William L. Kimball, Port Allen, for Water Works Dist. No. 2, of the Parish of Iberville.

G. William Jarman, Richard A. Curry, Sanders, Downing, Kean & Cazedessus, Baton Rouge, for Allied Chemical Corp. and Ciba-Giegy Corp.

Before LEAR, CARTER and CHIASSON, JJ.

CARTER, Judge.

This appeal is from a trial court's decision to sustain the defendant-appellees' peremptory exception of no right and no cause of action. We affirm.

On November 4, 1980, in a bond election, the following proposition was approved by the voters of Iberville Parish:

"Shall Waterworks District No. 2 of the Parish of Iberville, Louisiana, incur debt and issue bonds to the amount of One Million Five Hundred Thousand Dollars ($1,500,000),...

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