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SOUTHERN SCRAP MATERIAL CO. v. STATE, ETC.

No. 12494.

413 So.2d 516 (1982)

SOUTHERN SCRAP MATERIAL CO., LTD., Boland Marine and Manufacturing Co., Inc. and Lane & Company, Inc. v. The STATE of Louisiana, Through VARIOUS SUBDIVISIONS, AGENCIES AND BOARDS, Including but not Limited to the Board of Commissioners of the Port of New Orleans; The Department of Transportation and Development, Office of Highways; The City of New Orleans and Boh Brothers Construction Co., Inc., Each of Which are named Individually as Defendants.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied May 19, 1982.

Attorney(s) appearing for the Case

Herman & Herman, Russ M. Herman, Joseph Boyd, Gen. Counsel, New Orleans, for plaintiffs-appellants.

Phelps, Dunbar, Marks, Claverie & Sims, Charles M. Lanier and Danny G. Shaw, New Orleans, for defendant-appellee, Bd. of Com'rs of the Port of New Orleans.

Doran & Kivett, Philip K. Jones, Marshall W. Wroten, Robert J. Jones and William J. Doran, Jr., Sp. Asst. to Gen. Counsel, State of Louisiana, Dept. of Transp. and Development, Baton Rouge, for the State of Louisiana, Dept. of Transp. and Development, defendant-appellee.

Salvador Anzelmo, City Atty. for the City of New Orleans, Galen S. Brown, Deputy City Atty., New Orleans, for defendant-appellee, The City of New Orleans.

Deutsch, Kerrigan & Stiles, Ralph L. Kaskell, Jr., Victor E. Stilwell, Jr. and Matt J. Farley, New Orleans, for defendant-appellee, Boh Bros. Const. Co., Inc.

Before GULOTTA, GARRISON and BARRY, JJ.

GARRISON, Judge.

This is an appeal from a judgment of the district court, dismissing plaintiffs' suit for an injunction. From that judgment, which we affirm in part and remand in part, plaintiffs appeal.

In the instant appeal, a brief historical synopsis appears to be necessary: In 1952 plaintiff, Southern Scrap Material Company, began the long process of obtaining a waterfront site. After several skirmishes with the Board of Commissioners of the Port of New...

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