Brooks v. Exxon Mobil Corp

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
February 22, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30881
Summary Calendar
LAURANCE W. BROOKS, JR.,
Plaintiff-Appellee,
versus
EXXON MOBIL CORPORATION,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 02-290-D
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Before DAVIS, SMITH and DENNIS, Circuit Judges
PER CURIAM:*
Exxon Mobil Corporation appeals from the district court’s
partial grant of summary judgment in favor of Laurance Brooks, Jr.
The district court entered judgment declaring that under a lease
agreement between the parties Exxon Mobil is obligated to replace
a building that it removed from property owned by Brooks. Exxon
Mobil argues that the district court erroneously granted the
declaratory judgment because Brooks failed to request such relief

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No. 04-30881
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in his complaint and because the lease agreement permits Exxon
Mobil to remove the building at issue without replacing it.
This court reviews a district court’s decision to grant
summary judgment de novo, applying the same criteria as the
district court. Caboni v. General Motors Corp., 278 F.3d 448, 451
(5th Cir. 2002). Following a thorough review of the record and the
briefs, we affirm the judgment for essentially the reasons given by
the district court.
AFFIRMED.

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