MONGRUE v. MONSANTO CO.

No. 00-30052.

249 F.3d 422 (2001)

Roland J. Mongrue; Clyde A. Gisclair; and Sylvia Gisclair, Plaintiffs-Appellants, v. Monsanto Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 7, 2001.


Attorney(s) appearing for the Case

Richard L. Lagarde (argued), Bianchi & Lagard, Houston, TX, for Plaintiffs-Appellants.

Patrick A. Talley, Jr. (argued), Raudon Phillips, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Defendant-Appellee.

Before JOLLY and DAVIS, Circuit Judges, and RESTANI, Judge.


JANE A. RESTANI, Judge:

The issue before the court is whether remand is necessary for the district court to consider a takings claim against a private entity under the federal Constitution rather than the Louisiana Constitution. Roland J. Mongrue, Clyde A. Gisclair and Sylvia Gisclair (collectively, "Appellants") originally brought an action in Louisiana state court against Monsanto Company ("Monsanto"). The Appellants had alleged, inter alia, that wastewater...

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