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POLICE JURY ASS'N OF LA., INC. v. STATE

No. 2009 CA 1438.

36 So.3d 942 (2010)

The POLICE JURY ASSOCIATION OF LOUISIANA, INC. and the Louisiana Municipal Association v. STATE of Louisiana and Governor "Bobby" Jindal, In His Official Capacity, Through Attorney General, James D. Caldwell.

Court of Appeal of Louisiana, First Circuit.

March 26, 2010.

Attorney(s) appearing for the Case

Dannie P. Garrett, III, John A. Gallagher, Baton Rouge, LA, Attorneys for Plaintiffs-Appellants, Police Jury Assn. of Louisiana, Inc. and Louisiana Municipal Assn.

James D. "Buddy" Caldwell, Meridith J. Trahant, Baton Rouge, LA, Attorneys for Defendants-Appellees, State of Louisiana and Governor "Bobby" Jindal, in his Official Capacity, through Attorney General, James D. Caldwell.

Harry J. Philips, Jr., Baton Rouge, LA, Attorney for Intervenor/Appellee, BellSouth Telecommunications, Inc. d/b/a AT & T, Louisiana.

Robert L. Rieger, Jr., Richard B. Easterling, William D. Shea, Mary E. Taylor, Renee C. Crasto, Baton Rouge, LA, Michael D. Skinner, Lafayette, LA, Attorneys for Intervenor/Appellee, La. Cable & Telecommunications Association (LCTA).

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

CARTER, C.J.

This case poses a res nova legal question concerning the constitutionality of Act No. 433 of the 2008 Regular Session of the Louisiana Legislature (hereafter referred to as "Act 433"). Act 433 is commonly cited as the "Consumer Choice for Television Act" and is found in Chapter 10-A of Title 45 of the Louisiana Revised Statutes of 1950, comprising LSA-R.S. 45:1361-1378, including the specific provision at issue, LSA-R.S. 45.1365 B, that allows...

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