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AUSTER OIL & GAS, INC. v. STREAM

No. 86-4584.

835 F.2d 597 (1988)

AUSTER OIL & GAS, INC., Plaintiff-Appellee Cross-Appellant, v. Matilda Gray STREAM, Harold H. Stream, III, M.G.S. Lake Charles, Inc., and Edward M. Carmouche, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

January 14, 1988.

Attorney(s) appearing for the Case

David R. Frohn, A.J. Gray, III, Lake Charles, La., for Carmouche.

Drew Ranier, Lake Charles, La., for Matilda Gray Stream, Harold H. Stream, M.G.S. Lake Charles.

William E. Shaddock, Bernard H. McLaughlin, Jr., William B. Monk, Lake Charles, La., for Auster Oil & Gas, Inc.

Before RUBIN, GARZA, and JONES, Circuit Judges:

EDITH H. JONES, Circuit Judge:

For the third time, this action for damages by reason of an unconstitutional search and seizure of property appears before us. A prior panel opinion, Auster Oil & Gas, Inc. v. Stream, 764 F.2d 381 (5th Cir.1985), reversed the dismissal of the plaintiff's complaint for failure to state a claim, and the case was remanded for a trial on the merits. At trial, the jury exonerated the defendant...

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