NEW ORLEANS PUB. SERV. INC. v. CITY COUNCIL OF NEW ORLEANS

No. 88-CA-1369.

539 So.2d 891 (1989)

NEW ORLEANS PUBLIC SERVICE INC. v. The COUNCIL OF the CITY OF NEW ORLEANS, Lambert Boissiere, Jr., Mike Early, Joseph I. Giarrusso, Johnny Jackson, Jr., James Singleton, Dorothy Mae Taylor and Peggy Wilson.

Court of Appeal of Louisiana, Fourth Circuit.

February 16, 1989.


Attorney(s) appearing for the Case

Herschel L. Abbott, Jr., Warren M. Schultz, David G. Radlauer, Edward H. Bergin, R. Lewis McHenry, James M. McGrew, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for plaintiff-appellant New Orleans Public Service Inc.; Thomas O. Lind, New Orleans Public Service Inc., New Orleans, of counsel.

Okla Jones, II, City Atty., Bruce E. Naccari, Asst. City Atty., Beverly Zervigon, Admin., New Orleans, and Kenneth M. Carter, Sidney H. Cates, IV, Carter & Cates, New Orleans, and Clinton A. Vince, L. John Osborn, Nancy A. Wodka, Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, Washington, D.C., for defendants-appellees Council of City of New Orleans, et al.

Joseph Bernstein, New Orleans, for intervenors-appellee Alliance for Affordable Energy, Inc., Citizens for Safe Energy, Inc. and Gary L. Groesch.

Before BARRY, KLEES and BECKER, JJ.


KLEES, Judge.

New Orleans Public Service Inc. ("NOPSI") appeals from the denial of its motion for preliminary injunction by the district court. NOPSI's motion sought to enjoin the implementation of the February 4, 1988 order of the New Orleans City Council. This order prevented NOPSI from putting into effect scheduled rate increases designed to pass on to its retail customers NOPSI's share of the cost of the Grand Gulf 1...

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