CITY OF NEW ORLEANS v. NEW ORLEANS PUB. SERV. INC.

No. CA-3577.

471 So.2d 233 (1985)

The CITY OF NEW ORLEANS and the Council of the City of New Orleans v. NEW ORLEANS PUBLIC SERVICE INCORPORATED, James M. Cain, Middle South Utilities Inc., Floyd Lewis and Edwin Lupberger.

Court of Appeal of Louisiana, Fourth Circuit.

May 28, 1985.


Attorney(s) appearing for the Case

Salvador Anzelmo, City Atty., Thomas W. Milliner, Deputy City Atty., Bruce E. Naccari, and Beverly J. Zervigon, Asst. City Attys., Okla Jones, II, Sp. Counsel for the Council of the City of New Orleans, New Orleans, for appellees.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Charles W. Lane, III, Howard E. Sinor, Jr., Richard J. Tyler, Monroe & Lemann, Andrew P. Carter, Melvin I Schwartzman, McChord Carrico, New Orleans, for appellants.

Before GULOTTA, BYRNES and WILLIAMS, JJ.


GULOTTA, Judge.

The issue in this case is whether New Orleans Public Service, Inc. (NOPSI) has the authority to issue long term securities without obtaining the prior approval of the City Council of New Orleans. NOPSI, its parent company Middle South Utilities, Inc. (Middle South), and their officers appeal from a preliminary injunction enjoining them from "preparing to and/or issuing and selling" additional NOPSI first-mortgage bonds, preferred stock or common stock...

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