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TEXACO INC. v. LOUISIANA LAND AND EXPLORATION CO.

No. 93-3120.

995 F.2d 43 (1993)

TEXACO INC., Plaintiff-Appellant, v. LOUISIANA LAND AND EXPLORATION CO., Defendant, State of Louisiana, Department of Natural Resources, and the State Mineral Board, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 1993.

Attorney(s) appearing for the Case

Gene W. Lafitte, Joe B. Norman, Liskow & Lewis, New Orleans, LA, for plaintiff-appellant.

Robert Eikel, Houston, TX, for Dorothy B. Eikel Trust, et al.

Richard P. Ieyoub, Atty. Gen., Emory Belton, Asst. Atty. Gen., State of La., Baton Rouge, LA, Campbell C. Hutchinson, George C. Freeman, III, David Hall, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, Mary Ellen Leeper, Port Allen, LA, for defendants-appellees.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

We write today to clarify the jurisprudence of this circuit regarding whether a discovery order is immediately appealable under the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). We conclude that, based upon controlling caselaw, and subject to an exception not relevant here, such an order is not appealable.

The appellant...

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