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BANK OF NEW YORK v. WILLIAMS

No. 2000-CA-1922.

796 So.2d 69 (2001)

The BANK OF NEW YORK v. Honorable Erroll G. WILLIAMS, Assessor, City of New Orleans and Industrial Development Board of the City of New Orleans, Louisiana, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

August 22, 2001.

Attorney(s) appearing for the Case

Paul L. Peyronnin, M. David Kurtz, William P. Dunn, Phelps Dunbar L.L.P., New Orleans, LA, Counsel for Plaintiff/Appellee.

Mavis S. Early, City Attorney, Evelyn F. Pugh, Chief Deputy City Attorney, Joyce G. Joseph, Deputy City Attorney, New Orleans, LA, Counsel for Defendants/Appellants (The City of New Orleans and the Industrial Development Board of the City of New Orleans, Louisiana, Inc.).

Gregory D. Guth, New Orleans, LA, Counsel for Defendant/Appellant (Honorable Erroll G. Williams).

Court composed of Judge STEVEN R. PLOTKIN, Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY.

MURRAY, Judge.

This litigation arises from a 1983 real estate transaction involving the Industrial Development Board of the City of New Orleans, Inc. (the Board), Days Inns of America, Inc. (Days Inns), and both the City of New Orleans (the City) and its Third District Tax Assessor (the Assessor). In this appeal from the trial court's grant of a summary judgment and related exceptions, the issue is whether the Bank of New York, current trustee for the bondholders...

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