BENOIT v. LOUISIANA WATER CO.

No. W93-1649.

640 So.2d 396 (1994)

Charles A. BENOIT, et al. v. LOUISIANA WATER COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied July 1, 1994.


Attorney(s) appearing for the Case

Hill & Beyer, Bret C. Beyer, Lafayette, for applicants.

Jennifer M. Kleinpeter, Lafayette, John H. Ayres, III, Carolyn Devitis, Baton Rouge, Walter K. Jamison, III, Lafayette, Ronald R. Thompson, Marvin H. Olinde, Baton Rouge, for respondents.

Before DOUCET and KNOLL, JJ., and BERTRAND, J. Pro Tem.


WRIT GRANTED AND MADE PEREMPTORY: The judgment of the trial court maintaining the exception of no cause of action filed by defendants-respondents, Russell Devillier, Edward Gallagos, and Jerry Darbonne, was in error, and the same is hereby set aside. The exception was lodged solely against the theory of recovery based on 42 U.S.C.A. sec. 1983, raised by plaintiffs-relators, Charles A. Benoit, Phyllis Meaux Benoit, Charles D. Benoit, and Garland Hanks. Plaintiffs have raised...

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