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WORLDWIDE REMEDIATION v. ONEBANE, BERNARD, ET AL.

No. 98-31293.

211 F.3d 948 (2000)

WORLDWIDE REMEDIATION, INC., Plaintiff-Appellee, v. ONEBANE, BERNARD, TORIAN, DIAZ, McNAMARA & ABELL LAW FIRM, Intervenor Plaintiff-Appellant, v. Petroleum Helicopters, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 22, 2000.

Attorney(s) appearing for the Case

Brent Gerard Sonnier, Mark L. Riley, Onebane, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, for Intervenor Plaintiff-Appellant.

Elizabeth Jones Futrell, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Defendant-Appellee.

Before WIENER, BENAVIDES and PARKER, Circuit Judges.

WIENER, Circuit Judge:

The Civilian doctrine of compensation, codified in Louisiana as article 1893 of the Civil Code, provides, as a general rule, that when two persons owe each other reciprocal obligations payable in money (or quantities of fungible things identical in kind), and these sums (or quantities) are liquidated and presently due, both obligations are extinguished by operation of law to the extent of the lesser amount. If compensation applies in this case...

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