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FLUOR OCEAN SERVICES, INC. v. HAMPTON

No. 73-3075 Summary Calendar.

502 F.2d 1169 (1974)

FLUOR OCEAN SERVICES, INC., Plaintiff-Appellee, v. Howard F. HAMPTON et al., Defendants-Third Party Plaintiffs. Benjamin C. TISDALE, III, Defendant-Third Party Plaintiff-Appellant, v. FLUOR CORPORATION aud ABC Insurance Company, Third Party Defendants. Benjamin C. TISDALE, III, Plaintiff-Appellant, v. FLUOR OCEAN SERVICES, INC., Fluor Corporation and ABC Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 25, 1974.

Attorney(s) appearing for the Case

Felicien P. Lozes, New Orleans, La., for Benjamin C. Tisdale, III.

Milton E. Brener, Herbert J. Garon, Charles E. Leche, David R. Normann, New Orleans, La., for plaintiff-appellee.

Donald V. Organ, New Orleans, La., for Howard F. Hampton.

Before COLEMAN, DYER and RONEY, Circuit Judges.

PER CURIAM:

The District Court for the Eastern District of Louisiana dismissed as premature a complaint alleging that plaintiff had been libelled by defamatory statements made by defendant in pleadings in an independent civil action, which is still pending. Since the law of Louisiana clearly prohibits such a suit until the independent legal action is completed, we affirm.

Fluor Ocean Services, Inc. brought a diversity damage action against Benjamin C. Tisdale...

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