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PORTER v. LEE

No. 2009-CC-420.

26 So.3d 111 (2009)

Evangeline PORTER, Howard Bardell, Jr. and Thomas Porter v. Harry LEE, in his Capacity as Sheriff of the Parish of Jefferson, The State of Louisiana and Leo Mitchell.

Supreme Court of Louisiana.

October 30, 2009.

Attorney(s) appearing for the Case

James D. Caldwell, Attorney General, Michael Courtney Keller, Phyllis E. Glazer, John Emory Sudderth, Assistant Attorneys General, for applicant.

Martiny & Associates, LLC, Daniel Rault Martiny, Metairie; Stanga & Mustian, PLC, William Roy Mustian, III, Metairie, for respondent.

PER CURIAM.*

After certiorari was granted on the State's application, we determined the evidence relied upon by the State was not properly made a part of the record. Thus, we are not able to properly consider this case. Accordingly, we recall our order granting certiorari and deny the State's application.

WRIT RECALLED. APPLICATION DENIED. CASE REMANDED FOR FURTHER PROCEEDINGS.

WEIMER, J., dissents and assigns...

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