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BURSTEIN v. MORIAL

No. 83-CC-1842.

438 So.2d 554 (1983)

Carole H. BURSTEIN, Elizabeth D. O'Neal, Citizens and Taxpayers of the City of New Orleans, Respondents, v. Ernest N. MORIAL, In his Capacity as Mayor of the City of New Orleans, Bryan Wagner, Individually and In His Capacity as Councilman of the City of New Orleans, Lambert C. Boissiere, Jr., Individually and In His Capacity as Councilman of the City of New Orleans, Mike Early, Individually and In His Capacity As Councilman of the City of New Orleans, Wayne M. Babovich, Individually and In His Capacity as Councilman of the City of New Orleans, Lea Siegel, Clerk of the Council of the City of New Orleans, Jerry M. Fowler, Commissioner of Elections of the State of Louisiana, Sidney J. Barthelemy, Individually and In His Capacity As Acting Mayor of the City of New Orleans, the Council of the City of New Orleans, and James H. Brown, Secretary of State, Relators.

Supreme Court of Louisiana.

September 6, 1983.

Attorney(s) appearing for the Case

Stephen B. Murray, Murray, Murray, Ellis, Braden & Landry, Ronald Nabonne, Okla Jones, II, Nabonne & Wilkerson, New Orleans, for relators.

Mack E. Barham, Charles F. Thensted, David R. Richardson, Barham & Churchill, New Orleans, Salvador Anzelmo, City Atty., Galen Brown, Michael Bagneris, Asst. City Attys., Ronald C. Davis, Maureen J. Feran, Asst. Attys. Gen., for respondents.

DENNIS, Justice.

We granted certiorari to consider two important questions which have arisen in the interpretation of the Charter of the City of New Orleans: (1) whether the Charter permits more than one attempt by the Council to override a Mayor's veto; and (2) whether the appointment of a councilman to serve as acting mayor effectively reduces the size of the Council by one member so as to diminish the number of votes required to override a mayor's veto.

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