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LEMIRE v. NEW ORLEANS PUBLIC SERVICE, INC.

No. 84-CC-1031.

458 So.2d 1308 (1984)

Myriam Guidroz LEMIRE v. NEW ORLEANS PUBLIC SERVICE, INC. and Sewerage and Water Board of New Orleans.

Supreme Court of Louisiana.

November 26, 1984.

Attorney(s) appearing for the Case

Thomas Keasler Foutz, Law Offices of John R. Martzell, New Orleans, for relator.

John D. Lambert, Jr., Special Counsel, Jacob Taranto, III, Gerard M. Victor, General Counsel, Mary Elizabeth Paltron, Senior Counsel, New Orleans, for respondent.

CALOGERO, Justice.

The chief issue presented in this case concerns the application of a procedural statute (La.C.C.P. art. 1812 C(2)) in a lawsuit by an injured plaintiff against both a private corporation (New Orleans Public Service Incorporated, hereinafter N.O.P. S.I) and a public agency (Sewerage and Water Board of New Orleans, hereinafter S & W B).

Plaintiff is entitled to a jury trial against the private corporation (La.C.C.P. art. 1731) but not...

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