Industrias Magromer v. LA Bayou Furs Inc, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30185
INDUSTRIAS MAGROMER CUEROS Y PIELES S.A., Plaintiff-Appellee,
versus
LOUISIANA BAYOU FURS INC., ET AL., Defendants,
LOUISIANA BAYOU FURS INC.,
WILLIAM L. BERRY, Defendants-Appellants.
Appeal from the United States District Court
for the Eastern District of Louisiana
October 23, 2002
ON PETITION FOR PANEL REHEARING
(Opinion June 24, 2002, 5th Cir., 2002, 2002 WL 1271001)
Before JONES, EMILIO M. GARZA, and STEWART, Circuit Judges.
PER CURIAM:
The Defendants-Appellants’ (Louisiana Bayou Furs, Inc. (“Bayou Furs”) and William L. Berry
(“Berry”)) Petition for Rehearing is DENIED. In denying rehearing, we clarify a statement in Part X
of the opinion. In Part X, we stated that “the fact that we have granted judgment as a matter of law
for Berry on the LUTPA claim does not affect the judgment or his liability for the damages.” As the

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Defendants-Appellants point out, the statutory claim for attorneys’ fees in this case was under the
Louisiana Unfair Trade Practices Act (“LUTPA”). Because we granted judgment as a matter of law
in favor of Berry on the LUTPA claim, Berry is not liable to the Plaintiff-Appellee for attorneys’ fees.
However, this does not affect Bayou Furs’s liability to the Defendants-Appellants or Berry’s liability
for the damages awarded by the jury. In all other respects, the Petition for Panel Rehearing is
DENIED.

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