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647 So. 2d 1114

Schmidt v. Dorwin

Supreme Court of Louisiana

Decided December 9, 1994

Supreme Court of Louisiana · decided 1994-12-09

Decided 1994-12-09

¶1In re Schmidt, John Ernest; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Jefferson, 24th Judicial District Court, Div. “C”, No. 464-258; to the *1115Court of Appeal, Fifth Circuit, No. 94-C-0691‘

¶2Denied.

LEMMON, J.,

¶3concurs. Relator may return to the district court to assert his constitutional challenge (and possibly to notify the attorney general, although La.Code Civ.Proc. art. 1880 only requires service when a statute, ordinance or franchise is alleged to be unconstitutional — here, the constitutional challenge is aimed at a court rule).

HALL, J., not on panel.
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