EP OPERATING LTD. PARTNERSHIP v. PLACID OIL CO.

No. 93-3401.

26 F.3d 563 (1994)

EP OPERATING LIMITED PARTNERSHIP, Plaintiff-Appellant, Cross-Appellee, v. PLACID OIL CO., et al., Defendants-Appellees, v. MANTA RAY GATHERING SYSTEMS, Defendant-Appellee, Appellant-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 21, 1994.


Attorney(s) appearing for the Case

Blake G. Arate, Scott A. O'Connor and Paul E. Bullington, Gordon, Arate, McCollam & Duplantis, New Orleans, LA, B.J. Duplantis, Gordon, Arata, McCollam & Duplantis, Lafayette, LA, for appellant.

Edward J. Shawaker, Atty., Appellate Section, Environment and Natural Resources Div., Robert L. Klarquist, Washington, DC, for amicus-USA.

Robert S. Rooth, John N. Kennedy, James C. Young, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Placid Oil Co., et al.

Joseph R. White, Fraser, White and Des Roches, New Orleans, LA, for Manta Ray Gathering Systems.

Howard L. Murphy, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Cooper Industries.

Before JOHNSON, BARKSDALE, and DeMOSS, Circuit Judges.


JOHNSON, Circuit Judge:

EP Operating Limited Partnership ("EP"), a co-owner of certain property located on the Outer Continental Shelf ("OCS"), filed suit against its co-owners to partition the property. Jurisdiction in federal court was premised on the Outer Continental Shelf Lands Act ("OCSLA").1 A group of co-owners, led by Placid Oil Co. ("Placid"), joined issue and filed a motion to dismiss for lack of subject matter jurisdiction...

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