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BODENHEIMER v. NEW ORLEANS PUBLIC BELT

No. 2001-CA-0889.

828 So.2d 77 (2002)

Robert BODENHEIMER v. NEW ORLEANS PUBLIC BELT and CSX Transportation, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied November 27, 2002.

Attorney(s) appearing for the Case

Lawrence J. Ernst, Gregory S. LaCour, Christovich & Kearney, L.L.P., New Orleans, LA, for Defendant in Cross-Claim/Appellant.

Brent A. Talbot, Douglas L. Grundmeyer, Douglas R. Holmes, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE, Judge DAVID S. GORBATY).

TERRI F. LOVE, Judge.

New Orleans Public Belt ("NOPB"), third party defendant, appeals the district court's denial of its Exception of Prematurity/Motion to Stay Proceedings Pending Arbitration. NOPB then filed an Emergency Interlocutory Appeal and/or Writ to this Court, which declined to exercise supervisory jurisdiction over the issue. NOPB took no further action and proceeded to trial on the merits. NOPB now comes before this Court, seeking review of the district...

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