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NEWMAN MARCHIVE PARTNERSHIP, INC. v. CITY OF SHREVEPORT

No. 07-C-1890.

979 So.2d 1262 (2008)

The NEWMAN MARCHIVE PARTNERSHIP, INC., v. CITY OF SHREVEPORT.

Supreme Court of Louisiana.

April 8, 2008.

Attorney(s) appearing for the Case

Weems, Schimpf, Gilsoul, Haines, Landry & Carmouche, Carey Thomas Schimpf, Kenneth Patrick Haines, Brian D. Landry, Shreveport, for Applicant.

Weiner, Weiss & Madison, Michael Allyn Stroud, John M. Madison, Jr., Shreveport, for Respondent.

Frank J. Gremillion and Edmond Wade Shows, for City of Baton Rouge and East Baton Rouge Parish Amicus Curiae.

Richard Lee McGimsey, Hon. James D. Caldwell, and Lindsey K. Hunter, for State of Louisiana Amicus Curiae.

CALOGERO, Chief Justice.

We granted certiorari in this case to decide whether the judicial branch may, through a writ of mandamus, compel a political subdivision of the state to pay a judgment rendered against it when that subdivision has appropriated funds to an account established to pay claims and judgments against the subdivision, but not for the payment of that specific judgment. Because we hold that LSA-R.S. 13:5109(B)(2) requires a specific appropriation or...

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