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N.O. PUBLIC SERVICE v. CITIZENS UTIL. CO.

No. 98-CA-0805

726 So.2d 1012 (1999)

NEW ORLEANS PUBLIC SERVICE INC. v. CITIZENS UTILITIES COMPANY and the Sewerage and Water Board of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied March 26, 1999.

Attorney(s) appearing for the Case

Stephen T. Perrien, Taggart, Morton, Ogden, Staub, Rougelot, Brocate & O'Brien, L.L.C., New Orleans, and J. Wayne Anderson, Margot G. Augustin, Henry A. Herbert, New Orleans, Counsel for Plaintiff/Appellee.

Frank J. Uddo, Basile J. Uddo, Anthony J. Milazzo, Jr., Uddo & Milazzo, Metairie, Counsel for Defendant/Appellant.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES, and Judge MIRIAM G. WALTZER.

JONES, Judge.

Defendant/appellant, Sewerage and Water Board of New Orleans (SWB), and Citizens Utilities Company (Citizens), appeal the trial court's judgment granting the motion for summary judgment to Entergy New Orleans, Inc. (Entergy), formerly known as the New Orleans Public Service, Inc. The trial court found Entergy held an exclusive franchise agreement with the City of New Orleans (City), and that the contract between SWB and Citizens violated this agreement...

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