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BENOIT v. DEVILLIER

No. 94-514.

649 So.2d 523 (1994)

Charles A. BENOIT, Plaintiff-Appellant, v. Russell DEVILLIER and Jerry Darbonne, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied January 27, 1995.

Attorney(s) appearing for the Case

Bret Christopher Beyer, for Charles A. Benoit.

John H. Ayres III, Alvin R. Washington, Carolyn Devitis, and Robert Reiger, for Russell Devillier et al.

Jennifer M. Kleinpeter, for La. Water Co.

Before GUIDRY, C.J., and KNOLL and THIBODEAUX, JJ.

KNOLL, Judge.

This appeal involves the trial court's refusal to grant attorney's fees to Charles Benoit in this mandamus action brought under the provisions of LSA-R.S. 44:35(D), the Public Records Act. The trial court concluded that even though Benoit was partially successful in his litigation, he was not entitled to attorney's fees because he filed his mandamus action after the three years in which the defendants, Russell Devillier and Jerry Darbonne, both employees...

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