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CITY OF NEW ORLEANS v. MILLER

No. 91-CA-2468.

612 So.2d 222 (1992)

CITY OF NEW ORLEANS v. Dr. and Mrs. Norman MILLER.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted March 26, 1993.

Attorney(s) appearing for the Case

N. Eleanor Graham, Deputy City Atty., Brett Prendergast, Chief of Civ. Litigation, Kathy Torregano, Chief Deputy City Atty., William D. Aaron Jr., City Atty., New Orleans, for appellant.

Gerald Wasserman, Bach & Wasserman, Metairie, for appellees.

Before CIACCIO, WARD and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Plaintiff, the City of New Orleans (the "City"), appeals from a trial court judgment sustaining defendants', Dr. and Mrs. Norman Miller (the "Millers"), peremptory exception of prescription to an action by City. We now affirm.

The City filed a petition seeking an injunction on October 17, 1990 to stop Mrs. Miller from using a 5 h.p. industrial air compressor in conjunction with her "home occupation." The petition claims that the use of the...

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