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FORUM FOR EQUALITY PAC v. CITY OF NEW ORLEANS

No. 2004-CA-1473.

882 So.2d 1172 (2004)

FORUM FOR EQUALITY PAC, a Registered Louisiana Political Action Committee, Laurence E. Best, Jeanne M. Leblanc and William A. Schultz v. CITY OF NEW ORLEANS and the Honorable W. Fox McKeithen, in his Official Capacity as Secretary of State of Louisiana Only, and Not Individually.

Court of Appeal of Louisiana, Fourth Circuit.

August 24, 2004.

Attorney(s) appearing for the Case

John D. Rawls, Regina O. Matthews, Martzell & Bickford, Kenneth Randall Evans, Evans & Clesi, PLC, New Orleans, Counsel for Plaintiffs/Appellees.

J. Michael Johnson, Alliance Defense Fund, Shreveport, Counsel for Intervenors, Heulette "CLO" Fontenot, State Senator, John J. Hainkel, Jr., State Senator, A.G. Crowe, State Representative, Steve J. Scalise, State Representative, Louisiana Family Forum, Louisiana Family Forum Action, and American Family Association of New Orleans.

Charles C. Foti, Jr., Attorney General of Louisiana, Angie R. LaPlace, Assistant Attorney General of Louisiana, Roy A. Mongrue, Jr., Assistant Attorney General, Thomas S. Halligan, Assistant Attorney General, Louisiana Department of Justice, Baton Rouge, Counsel for Defendant/Appellant, W. Fox McKeithen, in his Official Capacity as Secretary of State of Louisiana.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, Jr., Judge LEON A. CANNIZZARO, Jr. and Judge ROLAND L. BELSOME).

PER CURIAM.

On August 18, 2004, the Supreme Court of Louisiana transferred the appeal of the Honorable W. Fox McKeithen ("McKeithen"), in his capacity as Louisiana's Secretary of State, to this court for consideration of a judgment of the Civil District Court for the Parish of Orleans preliminarily enjoining the state from placing a proposed constitutional amendment on the ballot for 18 September 2004. The Supreme Court determined that it did not have appellate jurisdiction...

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