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MARSHALL v. WEST BATON ROUGE PAR. FIRE PRO. DIST. NO. 1

No. 2007 CA 1065.

991 So.2d 492 (2008)

Floyd MARSHALL v. WEST BATON ROUGE PARISH FIRE PROTECTION DISTRICT NO. 1 and the City of Port Allen (Subdistrict No. 3 of the West Baton Rouge Parish Fire Protection District No. 1).

Court of Appeal of Louisiana, First Circuit.

May 2, 2008.

Attorney(s) appearing for the Case

Charles L. Dirks, III, Baton Rouge, LA, for Plaintiff-Appellee, Floyd Marshall.

L. Phillip Canova, Jr., Plaquemine, LA, for Defendant-Appellant, West Baton Rouge Parish Fire Protection District # 1.

A. Edward Hardin, Jr., Baton Rouge, LA, for the City of Port Allen, Amicus Curiae.

Before CARTER, C.J., PETTIGREW, and WELCH, JJ.

PETTIGREW, J.

In this case, defendant seeks review of the trial court's judgment granting plaintiff's petition for writ of mandamus and ordering defendant to appoint a civil service board pursuant to La. R.S. 33:2536. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Floyd Marshall, worked as a fireman in the City of Port Allen ("the City"), from March 15, 1985 through May 12, 2004. In September 2004, Mr. Marshall filed...

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