
    (97 South. 446)
    No. 25676.
    STATE ex rel. LIBERTY OIL CO., Limited, v. CITY OF NEW ORLEANS.
    (July 11, 1923.)
    Appeal from Civil District Court, Parish of Orleans; Percy Saint, Judge.
    Mandamus by the State, on the relation of the Liberty Oil Company, Limited, against the City of New Orleans. Judgment for plaintiff,- and defendant appeals.
    Judgment annulled, relator’s demand rejected, and suit dismissed.
    Ivy G. Kittredge, City Atty., and Rene A. Viosca, Asst. City Atty., of New Orleans, for appellant.
    McOloskey & Benedict, of New Orleans, for appellee. ,
   O’NIELL, C. J.

This is one of the cases referred' to in the opinion handed down to-day in State ex rel. Civello v. City of New Orleans (No. 25566) 97 South. 440, and is like the case of State ex rel. Traverse v. City of New Orleans (No. 24706) 97 South. 446-, except that, in this case, the mandamus was made peremptory.

For the reasons given in our opinion in Civello’s Case and in Traverse’s Case,

The judgment appealed from is annulled, and relator’s demand is rejected, and this suit is dismissed, at relator’s cost.

ROGERS, J., takes no part. 
      
       Ante, p. 271.
     
      
      1 Ante, p. 289.
     