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METRO RIVERBOAT ASSOC., INC. v. LOUISIANA GAMING CONTROL BOARD

No. 99 CA 2241.

798 So.2d 143 (2001)

METRO RIVERBOAT ASSOCIATES, INC. v. THE LOUISIANA GAMING CONTROL BOARD, The Riverboat Gaming Enforcement Division of the Office of the Louisiana State Police, and Bally's Louisiana, Inc.

Court of Appeal of Louisiana, First Circuit.

March 7, 2001.

Attorney(s) appearing for the Case

Thomas W. Tucker, John J. Cummings, III, Thomas J. Barbera and Christopher C. Pickren, New Orleans, Counsel for Plaintiff/Appellant, Metro Riverboat Associates, Inc.

L. Rand Dennis and Thomas A. Warner, III, Baton Rouge, Counsel for Defendant/Appellee, Louisiana Gaming Control Board.

Jane H. Barney and Michael D. Hunt, Baton Rouge, Daniel Lund, Stephen P. Schott and Stephanie Lottinger Irwin, New Orleans, Counsel for Defendant/Appellee, Bally's Louisiana, Inc.

Before GONZALES, PETTIGREW and ROTHSCHILD, JJ.

ROTHSCHILD, Judge.

This matter is an appeal from the trial court's ruling sustaining the defendants' exceptions of prematurity and lack of subject matter jurisdiction and dismissing plaintiffs petition for writ of mandamus. For the reasons which follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Metro Riverboat Associates, Inc. ("Metro") and Bally's Louisiana, Inc. ("Bally's") are the owners of the Belle of Orleans, L.L.C. ("Belle"), which...

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