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ERGO SCIENCE, INC. v. MARTIN

Nos. 94-11106, 94-11107.

73 F.3d 595 (1996)

ERGO SCIENCE, INC., Plaintiff-Appellee, v. Donn D. MARTIN, et al., Defendants, ELITE THERAPEUTICS, INC., Defendant-Appellant, v. Homer WEST, et al., Claimants-Appellees. In re Distribution of Funds Paid by Ergo Science Incorporated Into Registry of Court in No. 4:92-CV-917-A, ELITE THERAPEUTICS, INC., Appellant.

United States Court of Appeals, Fifth Circuit.

January 26, 1996.

Attorney(s) appearing for the Case

Patricia Hill, John M. O'Quinn, O'Quinn, Kerensky, McAnich & Laminack, Houston, TX, for Appellant.

Jennifer Anne Gehrt, Lori Ann Leu, Johnson & Wortley, Dallas, TX, Mark C. Hansen, James David Fielder, Kellogg, Huber & Hansen, Washington, D.C., for Ergo.

JoAnne Posey Chadderdon, Houston, TX, Ruth Elizabeth Fritz Brock, Lewisville, TX, for ABL Enterprises, et al.

Oliver Jackson Schrumpf, Sulphur, LA, for Abel, et al.

Norman J. Thigpen, Lake Charles, LA, for Anderson, et al.

Gerald Klump, Sharon Klump, Lake Arthur, LA, Pro Se.

James W. Laughlin, Lake Charles, LA, Pro Se.

Cathy Martin, Timothy Martin, Lake Charles, Pro Se.

Donald J. Moseley, Jodi Moseley, Lake Charles, LA, Pro Se.

Anne Marie Finch, Thompson & Knight, Houston, TX, for Richardson.

Timothy Lee, Thomas B. Green, III, Ware, Snow, Fogel, Jackson & Greene, Houston, TX, Jerry D. Andrews, George Otstott & Assoc., Dallas, TX, for Barrett, et al.

Before WIENER, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

The central issue in this appeal is whether a district court can rely upon statements made by counsel in open court disavowing any interest in an interpleaded fund. Because as a matter of federal civil procedure a district court can hold counsel to his word, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This controversy is rooted in a contract dispute between Ergo Science Incorporated ("Ergo") and appellant Elite Therapeutics...

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