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CITY OF PORT ALLEN v. LA. MUN. RISK MGMT.

No. 82-CA-0620.

423 So.2d 107 (1982)

The CITY OF PORT ALLEN, Louisiana v. LOUISIANA MUNICIPAL RISK MANAGEMENT AGENCY, et al.

Court of Appeal of Louisiana, First Circuit.

November 16, 1982.

Attorney(s) appearing for the Case

R. Gordon Kean, Charles S. McCowan, Jr., Baton Rouge, for plaintiff-appellee City of Port Allen, Louisiana.

James S. Burland, Baton Rouge, for defendant-appellant The Louisiana Municipal Risk Management Agency, et al.

Roy A. Mongrue, Jr., David G. Sanders, Dept. of Justice, State of La., Baton Rouge, for defendant-appellant The State of Louisiana.

Before EDWARDS, WATKINS and SHORTESS, JJ.

EDWARDS, Judge.

The City of Port Allen, Louisiana, filed suit against the Louisiana Municipal Risk Management Agency, the State of Louisiana, and William J. Guste, as Attorney General of the State of Louisiana, seeking a declaratory judgment on R.S. 33:1349(C), as to its liability for acts of other fund members. The lower court granted plaintiff's motion for summary judgment, and declared the cited act unconstitutional.

From that judgment, the State of Louisiana...

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