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MACON v. COSTA

No. 13033.

420 So.2d 480 (1982)

Eugene V. MACON v. Louis COSTA.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 22, 1982.

Attorney(s) appearing for the Case

Mack E. Barham, David A. Marcello, Barham & Churchill, New Orleans, for plaintiff-appellee.

Thomas W. Tucker, New Orleans, for defendant-appellant.

Camille F. Gravel, Gravel, Robertson & Brady, Baton Rouge, for Michael H. O'Keefe, President of the Louisiana State Senate, as amicus curiae.

Before REDMANN, SCHOTT and AUGUSTINE, JJ.

SCHOTT, Judge.

Plaintiff was appointed to membership on the Board of Commissioners of the Orleans Levee District (the Board) in December, 1979, by Governor Edwin W. Edwards. Defendant was appointed to the same position in October, 1980, by Governor David C. Treen. Upon taking his oath of office defendant attempted to replace plaintiff who instituted these injunction proceedings. From a judgment granting a preliminary injunction in plaintiff's favor, defendant has...

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