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HASPEL & DAVIS MILL. v. LEVEE COM'RS BD.

No. 98-CA-1664.

732 So.2d 113 (1999)

HASPEL & DAVIS MILLING & PLANTING CO., LTD., et al. v. BOARD OF LEVEE COMMISSIONERS OF the ORLEANS LEVEE DISTRICT.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied June 18, 1999.

Attorney(s) appearing for the Case

Conrad Meyer, III, Malcolm A. Meyer, Dennis M. Laborde, Thomas M. Long, Baldwin & Haspel, L.L.C., New Orleans, Louisiana, Attorneys for the Plaintiffs/Appellees.

Frank J. Uddo, Anthony J. Milazzo, Jr., Bazile J. Uddo, Uddo & Milazzo, Metairie, Louisiana, Gary G. Benoit, Emile W. Schneider, Board of Commissioners of the Orleans Levee District, New Orleans, Louisiana, Paul J. Mirabile, Ronald J. Vega, Wade Webster, Middleberg, Riddle & Gianna, New Orleans, Louisiana, Attorneys for the Defendant/Appellant.

Philip A. Cattuso, Gretna, Louisiana, Mack E. Barham, Robert E. Arceneaux, Travis L. Bourgeois, Barham & Arceneaux, New Orleans, Louisiana, Attorneys for Amicus Curiae.

Court composed of Judge WILLIAM H. BYRNES III, Judge JOAN BERNARD ARMSTRONG, and Judge DENNIS R. BAGNERIS Sr.

BYRNES, Judge.

The Board of Commissioners of the Orleans Levee District ("Levee Board") appeals the trial court's ruling that granted the plaintiffs' exception of no cause of action and dismissed the Levee Board's reconventional demand. The Levee Board also appeals the trial court's denial of its exception of prematurity. We affirm.

This suit involves claims concerning the Bohemia Spillway litigation. Louisiana Act 99 of 1924 in pertinent part directed the...

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