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CADE v. LOMBARD

Nos. 99-CA-0184, 99-CA-0185.

727 So.2d 1221 (1999)

Herbert A. CADE v. Edwin A. LOMBARD, in his capacity as Clerk of the Criminal District Court for the Parish of Orleans. Kenneth Bailey, Kim Duet, and Winnifred Johnson v. Herbert A. Cade, W. Fox McKeithen, in his offical capacity as Secretary of State and Jerry M. Fowler, in his official capacity as Commissioner of Elections, Louis Keller, and Edwin A. Lombard, Clerk of Criminal District Court for the Parish of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

January 23, 1999.

Attorney(s) appearing for the Case

Darryl Harrison, Wayne E. Woods, Law Office of Bernard L. Charbonnet, Jr., New Orleans, Louisiana, Attorneys for Plaintiffs/Appellants Kenneth Bailey, et al.

Roy J. Rodney, Jr., John K. Etter, Rodney, Bordenave, Boykin, Bennette & Boylea, Professional Law Corporation, New Orleans, Louisiana and Harry Rosenberg, Phelps, Dunbar, L.L.P., New Orleans, Louisiana, Attorneys for Defendant/Appellee Herbert A. Cade.

Court composed of Chief Judge ROBERT J. KLEES, Judge WILLIAM H. BYRNES, III, Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES, Judge MIRIAM G. WALTZER, Judge MOON LANDRIEU, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, Sr., Judge Pro Tempore PHILIP C. CIACCIO, and Judge Pro Tempore JAMES A. GRAY, II.

MURRAY, Judge.

Kenneth Bailey, Kim Duet, and Winnifred Johnson appeal the trial court's dismissal of their petition to disqualify Herbert A. Cade as a candidate in the election for Senate District No. 3. We affirm.

DISCUSSION:

On January 13, 1999, the above plaintiffs filed suit in Orleans Parish Civil District Court seeking to disqualify Herbert A. Cade as a candidate for the Senate in District 3. The plaintiffs alleged that Mr. Cade had not been...

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