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CITY OF BATON ROUGE v. DeFRANCES

No. 83 CE 0254.

429 So.2d 470 (1983)

CITY OF BATON ROUGE and Pete DeWeese v. Ronald DeFRANCES, et al.

Court of Appeal of Louisiana, First Circuit.

Concurring Opinion March 11, 1983.

Attorney(s) appearing for the Case

Stacey Moak, Baton Rouge, for plaintiff-appellee Pete DeWeese.

Richard Sandefer, Lafayette, for defendant-appellant Ronald DeFrances.

Ronald DeFrances, pro per.

Lynn Williams and Frank Gremillion, Baton Rouge, for defendant-appellee City of Baton Rouge.

Steve Marks, Baton Rouge, for defendant-appellee H.M. Cannon, Clerk of Court for East Baton Rouge Parish.

Cynthia Young, Baton Rouge, for defendant-appellee Jim Brown, Secretary of State, State of La., Jerry Fowler, Commissioner of Elections, State of La.; Nat Bankston, Registrar Voters East Baton Rouge Parish.

Cyrus Greco, Baton Rouge, for defendant-appellee David C. Treen, Governor of State of La.

Before COVINGTON, LOTTINGER, EDWARDS, PONDER, COLE, WATKINS, CARTER, SAVOIE, LANIER, CRAIN and ALFORD, JJ.

PER CURIAM.

This is an election contest suit in which the issue is whether the defendant-appellant DeFrances, is qualified to be a candidate in a called election to fill a vacancy in the office of City Judge of the City of Baton Rouge. The election is scheduled for March 26, 1983. Mr. DeWeese is a qualified elector of the City.

Although some parties were not named in their proper capacities in the petition,2 and some were erroneously...

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