Energy Devel Corp v. St Martin, et al

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-30266
ENERGY DEVELOPMENT CORPORATION
Plaintiff-Appellee
VERSUS
MICHAEL X. ST. MARTIN; VIRGINIA RAYNE ST. MARTIN;
QUALITY ENVIRONMENTAL PROCESSES, INC.
Defendant-Appellants
THE LOUISIANA LAND AND EXPLORATION COMPANY
Defendant - Counter Plaintiff
VERSUS
SAMUEL J. STAGG, III, M.D.; husband of; JULIE M. STAGG; JAMES G.
FISTER, husband of; LINDA F. FISTER; BAYOU AREA CHILDREN’S
FOUNDATION, INC.
Counter Defendants - Appellants
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ENERGY DEVELOPMENT CORPORATION
Plaintiff-Appellee
VERSUS
MICHAEL X. ST. MARTIN; VIRGINIA RAYNE ST. MARTIN;
QUALITY ENVIRONMENTAL PROCESSES, INC.
Defendant-Appellants
Appeal from the United States District Court
for the Eastern District of Louisiana
99-CV-1793
February 20, 2002
Before GARWOOD, JOLLY, and DAVIS, Circuit Judges
PER CURIAM:*

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the limited circumstances set forth in 5TH CIR. R. 47.5.4.
2
We AFFIRM the judgment of the district court essentially on
the basis of its careful Memorandum Opinion dated December 12,
2000. The res judicata defense asserted by appellant for the first
time on appeal was not timely raised in the district court and
therefore is waived.
All outstanding motions in this case are DENIED.
AFFIRMED.

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