EUBANKS v. BAYOU D'ARBONNE L. WATERSHED

No. 26309-CA.

649 So.2d 120 (1995)

Jack EUBANKS, et al., Plaintiff-Appellant, v. BAYOU D'ARBONNE LAKE WATERSHED DISTRICT, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Writ Granted April 20, 1995.


Attorney(s) appearing for the Case

Louisiana Dept. of Justice, Richard P. Ieyoub, Atty. Gen., by Frances E. Jones, Asst. Atty. Gen., Shreveport, for defendant-appellant, Bayou D'Arbonne Lake Watershed Dist. Board of Com'rs.

Walker, Tooke, Lyons & Jones by Pamela R. Jones, Sp. Asst. Atty. Gen., Shreveport, for defendant-appellant, State of La., DOTD.

Wilkerson, Oakley, Killen & Seal by James M. Wilkerson, Tracy L. Oakley, Farmerville, for plaintiffs-appellees.

Before SEXTON and NORRIS, JJ., and PRICE, J. Pro Tem.


SEXTON, Judge.

This is an appeal from a ruling of the trial court granting plaintiffs' motion for certification of the instant case as a class action pursuant to LSA-C.C.P.Arts. 591, et seq. We reverse and set aside the order of the district court.

On April 23, 1992, plaintiffs filed a petition styled as a Class Action Petition For Damages. The petition alleges that the 88 petitioners, of which 80 are apparently husband and wife, represent that class of persons...

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