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SUPREME COURT OF LOUISIANA
No. 97-C-1239

CHANNING F. HAYDEN, JR., GEORGE E. DUFFY, RICHARD E. MANCHESTER AND NEW ORLEANS STEAMSHIP ASSOCIATION VERSUS NEW ORLEANS BATON ROUGE STEAMSHIP PILOTS FEE COMMISSION

************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE ************** KNOLL, J.1

The issue before us is whether a majority decision of the pilotage fee commission is subject to the Louisiana Administrative Procedures Act (LAPA), La.R.S. 49:950, et seq. The trial court concluded that LAPA did not apply and, accordingly, it affirmed the majority decision of the Fee Commission. On appeal by the New Orleans Steamship Association and three industry-commissioners (the industry plaintiffs), the Court of Appeal, First Circuit, ultimately reversed the trial court and determined that because there is no specific legislation governing review of pilots' fee commission decisions, review of such matters was governed by the provisions of LAPA. Hayden v. New Orleans Baton Rouge S.S. Pilots Fee Comm'n, 96-0062 (La.App. 1 Cir. 1/8/97), 690 So.2d 79. We granted a writ of certiorari to determine the res nova question of whether LAPA is applicable to majority decisions of the pilots fee commission. 97-1239 (La. 9/19/97), ___ So.2d ___. For reasons which

1

Lemmon, J., not on panel. Rule IV, Part 2,

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