Natural Gas & Oil Corp. v. Waggonner

• Decision Date: 28 May 1964
• Docket Number: 9889,Nos. 9888,s. 9888
• Citation: 165 So.2d 314
• Court: Court of Appeal of Louisiana — District of US
• Parties: NATURAL GAS & OIL CORPORATION, Plaintiff-Appellant, v. W. E. WAGGONNER, Sheriff and Ex-Officio Tax Collector of Bossier Parish, Defendant-Appellee. MISSISSIPPI RIVER FUEL CORPORATION, Plaintiff-Appellant, v. W. E. WAGGONNER, Sheriff and Ex-Officio Tax Collector of Bossier Parish, Defendant-Appellee.

Page 314

165 So.2d 314

NATURAL GAS & OIL CORPORATION, Plaintiff-Appellant, v. W. E. WAGGONNER, Sheriff and Ex-Officio Tax Collector of

Bossier Parish, Defendant-Appellee.

MISSISSIPPI RIVER FUEL CORPORATION, Plaintiff-Appellant, v. W. E. WAGGONNER, Sheriff and Ex-Officio Tax Collector of

Bossier Parish, Defendant-Appellee.

Nos. 9888, 9889.

Court of Appeal of Louisiana, Second Circuit.

May 28, 1964.

Cook, Clark, Egan, Yancey & King, Shreveport, for appellants.

F. A. Cashio, Shreveport, for appellee.

Before HARDY, GLADNEY, AYRES and BOLIN, JJ.

PER CURIAM:

The opinion of this Court in these consolidated cases was handed down on February 7, 1963 affirming the judgment of the District Court in favor of the defendant, W. E. Waggonner, Sheriff and Ex-Officio Tax Collector (La.App., 151 So.2d 575). Rehearing was denied April 1, 1963 and certiorari was refused by the Supreme Court of Louisiana on May 14, 1963 (244 La. 467, 152 So.2d 562). The plaintiffs in these cases applied to the Supreme Court of the United States for a writ of certiorari to review our decision and judgment, which writ was granted on October 21, 1963, 375 U.S. 878, 11 L.Ed.2d 110. On March 23, 1964, 376 U.S. 369, 84 S.Ct. 857, 11 L.Ed.2d 782, the Supreme Court of the United States reversed our judgment and granted judgment in favor of the plaintiffs as prayed for. The mandate of that court was received by us on May 18, 1964. In obedience to said mandate, the judgment of the Twenty-Sixth Judicial District Court of Louisiana in and for the Parish of Bossier is hereby reversed and judgment rendered in favor of the plaintiff, Natural Gas & Oil Corporation, and against the defendant, W. E. Waggonner, Sheriff and Ex-Officio Tax Collector, in No. 9888 on the docket of this Court and No. 19044 on the docket of the District Court, as prayed for in plaintiff's petition in the sum of Four Thousand, Two Hundred Fifty-Six and 85/100 ($4,256.85) Dollars, with interest thereon at the rate of 2% Per annum from December 30, 1952 until paid.

It is further ordered that the judgment of the Twenty-Sixth Judicial District Court of Louisiana in and for the Parish of Bossier is hereby reversed and judgment rendered in favor of plaintiff, Mississippi River Fuel Corporation, and against the defendant, W. E. Waggonner, Sheriff and Ex-Officio Tax Collector, No. 9889 on the docket of this court and No. 20236 on the docket of the District Court, as prayed for in plaintiff's petition in the sum of Five Thousand,...