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BULK MATERIAL TRANSFER v. BD. OF COM'RS

No. 99-C-1392.

738 So.2d 704 (1999)

BULK MATERIAL TRANSFER, INC. v. The BOARD OF COMMISSIONERS FOR the ST. BERNARD PORT HARBOR AND TERMINAL DISTRICT, Gibbs Construction Company and Burke Kleinpeter and Associates.

Court of Appeal of Louisiana, Fourth Circuit.

June 9, 1999.

Attorney(s) appearing for the Case

Sidney D. Torres, III, Roberta L. Burns, Law Offices of Sidney D. Torres, III, Chalmette, LA, and Byron M. Un-Kauf, New Orleans, LA, Counsel for Plaintiff-Relator.

Manuel A. Fernandez, G. Frederick Seemann, Fernandez & Seemann, Chalmette, LA, and Wayne J. McDougall, Assistant District Attorney, Office of the District Attorney, 34th Judicial District, Chalmette, LA, Counsel for Defendant-Respondent.

Court composed of Judge WILLIAM H. BYRNES III, Judge CHARLES R. JONES and Judge MIRIAM G. WALTZER.

WALTZER, Judge.

We grant relator's writ application in order to review the trial court's denial of relator's dilatory exception of improper use of summary proceedings. Relator contends it is not necessary that this exception contain a prayer for relief.1 This question appears to be res nova.

Relator, defendant-in-reconvention, answered respondent's reconventional demand, stating:

24. Bulk Material Transfer...

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