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PRESIDENT & BD. OF TRUSTEES OF SPRING HILL COLLEGE v. CITY OF NEW ORLEANS

No. 92-CA-1033.

617 So.2d 8 (1993)

PRESIDENT AND BOARD OF TRUSTEES OF SPRING HILL COLLEGE v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 12, 1993.

Attorney(s) appearing for the Case

William C. Gambel, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, for President and Bd. of Trustees Spring Hill College.

Dan Zimmerman, Deputy City Atty., Brett Prendergast, Acting Chief Deputy City Atty., William D. Aaron, Jr., City Atty., New Orleans, for appellee.

Before LOBRANO, WARD and ARMSTRONG, JJ.

WARD, Judge.

The Board of Trustees of Spring Hill College brought suit to recover inheritance taxes paid under protest to the City of New Orleans. Spring Hill seeks recovery of $11,024.06 which the City collected pursuant to Section 28A-2(d) of the New Orleans City Code (Ordinance 11,262). The trial court sustained the City's exception of no cause of action. The Board of Trustees appealed that ruling. They argue that the City inheritance tax, when levied against an...

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