Testo completo
* 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this opinion should not be published and is not precedent except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
July 21, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 04-20963
Summary Calendar
_____________________
KEN FLORY, Derivatively on behalf
of Dynacq International, Inc.,
Plaintiff-Appellant,
versus
CHIU MOON CHAN; PHILIP S. CHAN;
STEPHEN L. HUBER; EARL R. VOTAW;
DYNACQ INTERNATIONAL, INC. a
Nevada Corporation,
Defendant-Appellees.
__________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:02-CV-3123
__________________________________________________
Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed. The
appellant raises no objection to the reasons for that judgment
and only maintains that he was denied an opportunity to amend his
pleadings and that appellee argued res judicata in a supplemental
presentation to the court in support of its original motion to
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dismiss. Appellant filed no motion to amend during the months it
could have done so and after having only stated in response to
the motion to dismiss that he intended to amend. The res
judicata issue was properly presented to the court and appellant
suggests no prejudice.
AFFIRMED.
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