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KENNER FIRE FIGHTERS ASS'N v. CITY OF KENNER

No. 89-CA-684.

558 So.2d 793 (1990)

KENNER FIRE FIGHTERS ASSOCIATION LOCAL 1427; AFL-CIO; Georgia Riggs; Thomas Preston Gletcher; and a Class of Similarly Situated Individuals v. CITY OF KENNER and Kenneth Thompson, Director of Finance for the City of Kenner.

Court of Appeals of Louisiana, Fifth Circuit.

Rehearing Denied April 17, 1990.

Attorney(s) appearing for the Case

George B. Recile, New Orleans, for plaintiffs-appellant.

Alvin J. Bordelon, Jr., Walker, Bordelon, Hamlin, Theriot & Hardy, New Orleans, for defendant-appellee.

David S. Fos, Ansardi, Maxwell & Power, Kenner, Louis L. Robein, Jr., Metairie, for defendant-appellant.

Before BOWES, GAUDIN and DUFRESNE, JJ.

DUFRESNE, Judge.

The primary issue in this suit is the proper interpretation of certain provisions of La.R.S. 4:163(E)(Seventh), providing for distribution by the City of Kenner of a portion of the fees, commissions and monies generated by the horse racing track located in Jefferson Parish. The statute provides that of such funds remaining after payment of certain other specified amounts:

[T]hirty per cent [is to be distributed] to the governing authority...

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