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ST. MARTIN v. MOBIL EXPLORATION & PRODUCING U.S.

No. 99-30067.

224 F.3d 402 (2000)

Michael X. ST. MARTIN and Virginia Rayne St. Martin, Plaintiffs-Appellees-Cross-Appellants, v. MOBIL EXPLORATION & PRODUCING U.S. INC.; Phillips Petroleum Company, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 19, 2000.

Attorney(s) appearing for the Case

A.J. Gray, III (argued), Anna R. Gray, The Gray Law Firm, Lake Charles, LA, for the St. Martins.

David Neale Schell, Jr., Robert T. Lorio, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, LA, for Phillips Petroleum.

John B. Scofield (argued), John Richard Poherelsky, Scofield, Gerard, Veron, Singletary & Poherelsky, Lake Charles, LA, for Mobil Exploration and Producing U.S., Inc.

Before BARKSDALE, BENAVIDES and STEWART, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 19, 2000.

BENAVIDES, Circuit Judge:

Defendant oil companies appeal from a $240,000 damage award based upon a finding that they failed adequately to maintain spoil banks on canals operated by them, resulting in damage to a freshwater flotant marsh. Because we find that the district court carefully weighed the competing evidence and fashioned a reasonable remedy for the breach of the canal servitude agreements...

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