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LOUISIANA LANDMARKS SOC. v. CITY OF NEW ORLEANS

No. 95-30337.

85 F.3d 1119 (1996)

LOUISIANA LANDMARKS SOCIETY, INC., Plaintiff-Appellee-Cross-Appellant, v. CITY OF NEW ORLEANS, Rivergate Development Corporation, and Harrah's Jazz Company, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 12, 1996.

Attorney(s) appearing for the Case

Thomas Warren Tucker, Lisa C. West, Tucker and West, New Orleans, LA, James R. Logan, IV, Cornelius, Sartin & Murphy, New Orleans, LA, Susan Huey Lafaye, New Orleans, LA, for Louisiana Landmarks Society, Inc.

Michael E. Botnick, Office of the City Attorney for the City of New Orleans, New Orleans, LA, for City of New Orleans.

Roy Rodney, Charlotte G. Bordenave, Rodney, Bordenave, Boykin, Bennette & Boyle, New Orleans, LA, for Rivergate Development Corp.

Brent Bennett Barriere, Harry A. Rosenberg, Diane Hollenshead Copes, Phelps Dunbar, New Orleans, LA, J. Kelly Duncan, Edward H. Bergin, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Harrah's Jazz Co., Inc.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The City of New Orleans, the Rivergate Development Corporation, and Harrah's Jazz Company (collectively, "the defendants") appeal an order granting Louisiana Landmarks Society ("Landmarks") a permanent injunction against them. Concluding that Landmarks had no private cause of action to seek the injunction, we reverse, vacate the injunction, and dismiss for failure to state a cause of action.

I.

In October 1971, the...

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