FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 095

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 31st day of October, 1997 , are as follows:

BY KIMBALL, J :

95-C - 3058 SHIRLEY HARTMAN, WIFE OF/AND RICHARD P. CARRIERE v. BANK OF LOUISIANA IN NEW ORLEANS (Parish of Jefferson)
ON REHEARING

REVERSED.

MARCUS, J. - not on panel. Rule IV, Part 2, 3.

CALOGERO, C.J. - concurs and assigns reasons.
LEMMON, J . - concurs and assigns reasons.

JOHNSON, J. - dissents and will assign reasons. [Ed. Note: Added December 16, 1997]

KNOLL, J. - dissents and assigns reasons.

97-CA- 0752 LOUISIANA ASSOCIATED GENERAL CONTRACTORS, INC. v. NEW ORLEANS AVIATION BOARD (Parish of Jefferson)

Therefore, because the trial court reached the constitutionality of La. R.S. 38:2233.2 and the 0Program prematurely, we vacate the summary judgment granted below and remand the case to the trial court for further proceedings in accordance with this opinion.

VACATED AND REMANDED.

VICTORY, J. - not on panel. Rule IV, Part 2, 3.

JOHNSON, J. - concurs.

BY TRAYLOR, J. :

97-C - 0293 DANNY P. AND MARY G. THOMPSON VS. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, ROBERT J. MORSE, LOUISIANA INDEMNITY COMPANY AND ALLSTATE INSURANCE COMPANY
C/W 97-C-0302 MICHAEL HOLLAND v. DANNY THOMPSON, ALLSTATE INSURANCE COMPANY, ROBERT J. MORSE, STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, THE LOUISIANA INDEMNITY INSURANCE COMPANY AND THE DEF INSURANCE COMPANY (Parish of Tangipahoa)

For the foregoing reasons, we find that the State did not breach its duty and therefore the judgment of the court of appeal is affirmed.

AFFIRMED.

KNOLL, J. - not on panel. Rule IV, Part 2, 3.

CALOGERO, C.J. - dissents and assigns reasons.

LEMMON, J. - dissents and assigns reasons.

KIMBALL, J. - dissents.

JOHNSON, J. - concurs in the result.

PER CURIAM:

96-K - 3052 STATE OF LOUISIANA v. CORNELL B. CAVALIER
C/W 97-KH-0103 (Parish of Orleans) (Carjacking)

The judgment of the Fourth Circuit is therefore reversed and this case is remanded to the district court for retrial of the motion to determine if (1) the evidence is admissible and (2) probably would have changed the verdict. Relator may appeal again from an adverse ruling.

JUDGMENT REVERSED, CASE REMANDED.

MARCUS, J. - not on panel. Rule IV, Part 2, 3.