Congemi v. City of Kenner

Supreme Court of Louisiana

Congemi v. City of Kenner

541 So. 2d 832, 1989 La. LEXIS 853, 1989 WL 35366

CourtSupreme Court of Louisiana

DecidedApril 14, 1989

DocketNo. 89-CC-0558

StatusPublished

This text of 541 So. 2d 832 (Congemi v. City of Kenner) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Congemi v. City of Kenner, 541 So. 2d 832, 1989 La. LEXIS 853, 1989 WL 35366 (La. 1989).

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In Re Congemi, Nick A.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Jefferson 24th Judicial District Court Div. “E” Number 366-709; to the Court of Appeal, Fifth Circuit, Number 89-CW-0025.

Writ granted. The judgments of the courts below dismissing relators’ action on defendants’ exception of no right of action are vacated. If relators establish on the merits that the defendants are calculating overtime pay in a manner contrary to the law, then they are entitled to a mandamus remedy which requires the defendants to change the method of calculation, notwithstanding that there might be disputes in particular cases as to the amount of benefits owed under the new method of calculation. See Walters v. Board of Trustees, 229 So.2d 353 (La.App. 4th Cir.1969). The case is remanded to the trial court for further proceedings.

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In Re Congemi, Nick A.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Jefferson 24th Judicial District Court Div. “E” Number 366-709; to the Court of Appeal, Fifth Circuit, Number 89-CW-0025.

Writ granted. The judgments of the courts below dismissing relators’ action on defendants’ exception of no right of action are vacated. If relators establish on the merits that the defendants are calculating overtime pay in a manner contrary to the law, then they are entitled to a mandamus remedy which requires the defendants to change the method of calculation, notwithstanding that there might be disputes in particular cases as to the amount of benefits owed under the new method of calculation. See Walters v. Board of Trustees, 229 So.2d 353 (La.App. 4th Cir.1969). The case is remanded to the trial court for further proceedings.

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541 So. 2d 832, 1989 La. LEXIS 853, 1989 WL 35366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/congemi-v-city-of-kenner-la-1989.

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