BARAN v. PORT OF BEAUMONT NAV. JEFFERSON COUNTY

No. 94-40610.

57 F.3d 436 (1995)

William J. BARAN, et al., Plaintiffs-Appellees, v. PORT OF BEAUMONT NAVIGATION DISTRICT OF JEFFERSON COUNTY TEXAS, et al., Defendants-Appellants, and State of Texas, Intervenor-Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 1995.


Attorney(s) appearing for the Case

Guy N. Goodson, Bernsen, Jamail, Hartley & Goodson, Beaumont, TX, Gerald T. Treece, South Tex. College of Law, Houston, TX, for Port of Beaumont.

Kerwin Brent Stone, Moore, Landrey, Garth, Jones, Burmeister & Hulett, Beaumont, TX, for Port of Port Arthur.

Pannal Alan Sanders, Sanders & Sanders, Orange, TX, for Orange County Nav.

John B. Lay, Asst. Atty. Gen., Austin, TX, for State of Tex.

L.A. Powe, Jr., Austin, TX, Thomas A. Thomas, Richard Lyle Coffman, Provost & Umphrey, Beaumont, TX, for appellees.

Before VAN GRAAFEILAND, JOLLY and WIENER, Circuit Judges.


WIENER, Circuit Judge:

Defendants-Appellants, the public Ports of Beaumont, Port Arthur, and Orange ("Ports"), and Intervenor-Appellant the State of Texas ("State"), (collectively "Appellants"), appeal a district court order granting summary judgment in favor of Plaintiffs-Appellees the Sabine Pilots Association ("Pilots"), declaring that the second sentence of Article 8267(C)(5) of the Texas Revised Civil Statutes violates the Due Process Clause.

The Pilots...

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