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MANDALAY OIL & GAS v. ENERGY DEVELOP. CORP.

No. 2001 CA 0993.

867 So.2d 709 (2002)

MANDALAY OIL & GAS, L.L.C. and Voyager Petroleum, Inc. v. ENERGY DEVELOPMENT CORP., Michael X. St. Martin, Virginia Rayne St. Martin and Quality Environmental Processes, Inc.

Court of Appeal of Louisiana, First Circuit.

July 3, 2002.

Attorney(s) appearing for the Case

Bernard F. Levy, Houma, Counsel for Plaintiffs-Appellees Mandalay Oil & Gas, L.L.C. and Voyager Petroleum, Inc.

David R. Richardson, James Barton, III, New Orleans, Raymond G. Hoffman, Jr., Metairie, Patrick W. Gray, Jamie D. Rhymes, Lafayette, Counsel for Defendant-Appellee Energy Development Corp.

A.J. Gray, III, Lake Charles, Timothy C. Ellender, Jr., Houma, Counsel for Defendants-Appellants Michael X. St. Martin, Virginia Rayne St. Martin, and Quality Environmental Processes, Inc.

Before: CARTER, C.J., PARRO and CLAIBORNE, JJ.

CLAIBORNE, J.

This is an appeal from a judgment in a concursus proceeding. On appeal, appellants have filed a peremptory exception raising the issue of res judicata for the first time in this matter. For the reasons that follow, we remand this matter to the trial court for a determination of the issue of res judicata, but we retain jurisdiction of the appeal of the judgment on the merits pending disposition of the issue of res judicata.

FACTUAL BACKGROUND...

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