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TRIPLETT v. BESE

No. 2009 CA 0691.

21 So.3d 401 (2009)

Mary TRIPLETT, et al. v. BOARD OF ELEMENTARY AND SECONDARY EDUCATION and the Louisiana Department of Education, Through Paul G. Pastorek, in His Official Capacity as Superintendent of Education, et al.

Court of Appeal of Louisiana, First Circuit.

July 13, 2009.

Attorney(s) appearing for the Case

Jonathan C. Augustine and Valarie Briggs Bargas and Tarvald Anthony Smith, Baton Rouge, Louisiana, for Plaintiffs/Appellants Mary B. Triplett, et al.

Michael H. Rubin, M. Brent Hicks, Jon Ann Giblin and Angelique D. Freel, Assistant Attorney General, Baton Rouge, Louisiana, for Defendant/Appellee the State Board of Elementary and Secondary Education.

Michael D. Hunt, Jane H. Barney, Baton Rouge, Louisiana, for Defendant/Appellee St. Paul Guardian Insurance Co.

Kwame I. Asanté and Darryl L. Robertson, Baton Rouge, Louisiana, for Amicus Curiae National Association for the Advancement of Colored People (NAACP)— Baton Rouge Branch.

Eugene J. Radcliff, Baton Rouge, Louisiana, for Amicus Curiae Former Louisiana House Speaker Pro Tempore Joseph A. Delpit and The Louisiana Black Leadership Assembly.

Amy L. Maccherone, New Orleans, Louisiana, for Amicus Curiae the Louisiana Association of Educators.

Alfred Williams, Baton Rouge, Louisiana, for Amicus Curiae East Baton Rouge Federation of Teachers.

Before KUHN, PETTIGREW, and GAIDRY, JJ.

GAIDRY, J.

Plaintiffs take this appeal from a trial court judgment sustaining a declinatory exception raising the objection of lack of jurisdiction, and a peremptory exception raising the objections of no cause of action and no right of action, and dismissing plaintiffs' suit, with prejudice. We affirm.

FACTS AND PROCEDURAL BACKGROUND

On February 11, 2009, plaintiffs, Mary B. Triplett, Deborah Ross, Pearl Porter, Edwin W. Lee, and Viki Guillot, filed...

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