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KYLE v. LOUISIANA PUBLIC SERVICE COM'N

No. 2003 CA 0584.

878 So.2d 650 (2004)

Dr. Daniel G. KYLE Louisiana State Legislative Auditor v. LOUISIANA PUBLIC SERVICE COMMISSION and Jack "Jay" Blossman, in His Capacity as Chairman of the Louisiana Public Service Commission East Baton Rouge, LA, and Lawrence St. Blanc, in His Capacity as Secretary of the Louisiana Public Service Commission, East Baton Rouge, LA.

Court of Appeal of Louisiana, First Circuit.

April 2, 2004.

Attorney(s) appearing for the Case

Jennifer Schaye, Baton Rouge, Counsel for Plaintiff/Appellee Dr. Daniel G. Kyle, Louisiana Legislative Auditor.

Lawrence A. Durant, Baton Rouge, Counsel for Amicus Curiae Louisiana Department of Transportation and Development.

Eve Kahao Gonzales, Amanda H. Smith, Baton Rouge, Counsel for Defendant/Appellant Louisiana Public Service Commission, East Baton Rouge Parish, LA, and Lawrence St. Blanc, in His Capacity as Secretary of the Louisiana Public Service Commission, East Baton Rouge Parish, LA.

Before: WHIPPLE, KUHN, and McDONALD, JJ.

McDONALD, J.

The Louisiana Public Service Commission appeals a trial court judgment issuing a Writ of Mandamus ordering the commission to produce all e-mail for inspection and copying by the Legislative Auditor's office. For the following reasons, the mandamus is recalled.

FACTS AND PROCEDURAL HISTORY

In May 2002, the Legislative Auditor began conducting a performance audit of the Louisiana Public Service Commission ("LPSC" or "the commission") pursuant...

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