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METRO. NEW ORLEANS, ETC. v. COUNCIL, ETC.

No. 11607.

423 So.2d 1213 (1982)

METROPOLITAN NEW ORLEANS CHAPTER OF the LOUISIANA CONSUMER'S LEAGUE, INC., Nancy Peters, wife of/and Stephen I. Dwyer, Kathy Sherman, Wife of/and Richard R. Sims, and all others similarly situated v. The COUNCIL OF the CITY OF NEW ORLEANS and New Orleans Public Service, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 14, 1983.

Attorney(s) appearing for the Case

Stephen M. Irving, Baton Rouge, and John Robbert, New Orleans, for plaintiffs-appellants.

Salvador Anzelmo, City Atty., Jacob Taranto, III, Deputy City Atty., Chaffe, McCall, Phillips, Toler & Sarpy, Harry McCall, Jr., Norris S.L. Williams and James P. Farwell, New Orleans, for defendants-appellees.

Before SAMUEL, SCHOTT and GARRISON, JJ.

GARRISON, Judge.

This is an appeal from a judgment of the district court dismissing plaintiff's class action suit to recover 26.2 million dollars in allegedly improper Fuel Adjustment Charges (hereinafter FAC). The trial court dismissed the case on a directed verdict in favor of the defendants, the City Council of the City of New Orleans (hereinafter City Council) and New Orleans Public Service, Inc. (hereinafter NOPSI...

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