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GILLIS v. LOUISIANA

No. 01-31251.

294 F.3d 755 (2002)

Malcolm GILLIS; George Mowbray; Michael Miller; Steve Nelson; Frank Jewell; Brett Palmer; Arthur Hallam; Chuck Morrison; Kevin May; John Harris; Lake Charles Pilots Inc., Plaintiffs-Appellants, v. State of LOUISIANA; Board of River Port Pilot Commissioners and Examiners; CITGO Petroleum Corp.; Conoco Inc.; Lake Charles Harbor & Terminal District, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 2, 2002.

Attorney(s) appearing for the Case

Kenneth Michael Wright (argued), Richard Dale Moreno, Wright, Everett & Moreno, Lake Charles LA, for Plaintiffs-Appellants.

Burton Paul Guidry (argued), Litigation Div., Gary L. Keyser, Asst. Atty. Gen., Baton Rouge, LA, for Louisiana.

Michael K. Dees (argued), Lake Charles Harbor & Terminal Dist., Port of Lake Charles, Lake Charles, LA, for Board of River Port Pilot Com'rs & Examiners and Lake Charles Harbor & Terminal Dist.

Henry DuPont Heck Olinde, Jr. (argued), Frank Paul Simoneaux (argued), Simoneaux, Carleton, Dunlap & Olinde, Baton Rouge, LA, William B. Swift, Swift, Spears & Harper, Lake Charles, LA, for CITGO Petroleum Corp.

Thomas Hebert Huval (argued), Jeansonne & Remondet, New Orleans, LA, for Conoco Inc.

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The Lake Charles Pilots, Inc. and its individual state-commissioned river pilot shareholders ("the Pilots") appeal the district court's grant of summary judgment in favor of the State of Louisiana and the other defendants (collectively, "the Defendants") in their declaratory judgment action.1 Specifically, the Pilots contend that the district court should have ruled that the State of Louisiana has no authority...

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