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AVANTS v. KENNEDY

No. 2002 CA 0830.

837 So.2d 647 (2002)

Shirley M. AVANTS and Jim W. Miley v. John Neely KENNEDY, Secretary, Department of Revenue and Taxation, State of Louisiana, and Elmer Litchfield, Sheriff of East Baton Rouge Parish.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 4, 2003.

Attorney(s) appearing for the Case

Stan P. Baudin, Patrick W. Pendley, Plaquemine, Steven R. Duke, Andre P. LaPlace, Baton Rouge, Counsel for plaintiffs/appellees, Shirley M. Avants, et al.

Otha C. Nelson, Jr., Baton Rouge, Counsel for defendant/appellant, John Neely Kennedy, Secretary of the Department of Revenue and Taxation, et al.

Before: CARTER, C.J., WHIPPLE and CIACCIO, JJ.

WHIPPLE, J.

In this appeal, the Louisiana Department of Revenue and Taxation ("the Department") challenges the trial court's award of attorney fees to the four attorneys who represented plaintiffs herein, which award was based upon the "fund doctrine" or "common fund doctrine," as recognized in In re Interstate Trust & Banking Company, 235 La. 825, 106 So.2d 276

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