Legal Opinion · Dissent

Greater Baton Rouge Port Commission v. Cargill, Inc.

Supreme Court of Louisiana

Decided June 28, 1968No. 49053Published

1DissentSummers, Justice

Assuming the majority properly concluded that the Commission lease to Cargill grants an exclusive right to operate a public grain elevator in the port area on property belonging to the Commission, I am nevertheless unable to agree with the result reached. I believe the contention of the Commission to be valid that there is nothing in the law which authorizes the Commission to grant an exclusive right, franchise or monopoly to operate a grain elevator or elevators in the port area

Counsel for the Commission contend, and the majority appears to concede, as it must, that a public body has no…

2Cases cited7 opinions

  1. Richardson v. BuhlMichigan Supreme Court · 1889
  2. Greater Baton Rouge Port Commission, and Cargill, Incorporated v. United States of America, and Federal Maritime BoardCourt of Appeals for the Fifth Circuit · 1961
  3. Schwab v. Moving Picture MacHine Operators Local No. 159Oregon Supreme Court · 1940
  4. Georgia Fruit Exchange v. TurnipseedAlabama Court of Appeals · 1913
  5. Lake Providence Port Com'n v. Bunge CorporationLouisiana Court of Appeal · 1967

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