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NEWBY v. ENRON CORP.

No. 02-20343.

302 F.3d 295 (2002)

Mark NEWBY; et al., Plaintiffs, Fleming & Associates L.L.P., Plaintiff-Appellant, David Jose; James Brister; Peter Maxfield, George Atallah, Appellants, v. ENRON CORP.; et al., Defendants, Andrew S. Fastow; Jeffrey J. Skilling; David B. Duncan; Kenneth L. Lay, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 9, 2002.

Attorney(s) appearing for the Case

Gregory Sean Jez, George M. Fleming (argued), Sylvia Gerald Davidow, Fleming & Associates, Houston, TX, for all Appellants,

Craig Smyser (argued), Smyser, Kaplan & Veselka, Houston, TX, for Fastow.

Jeffrey William Kilduff, O'Melveny & Myers, McLean, VA, Bruce Hiler, Robert Michael Stern (argued), O'Melveny & Myers, Washington, DC, for Skilling.

Barry Grattan Flynn, Law Offices of Barry G. Flynn, Houston, TX, for Duncan.

James E. Coleman, Jr., Bruce William Collins, Diane M. Sumoski (argued), Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for Lay.

Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Fleming & Associates, a Houston-based law firm, and its clients David Jose, James Brister, Peter Maxfield, and George Atallah appeal the district court's order dissolving a temporary restraining order issued by a state court and enjoining Fleming from filing any new Enron-related actions without leave of the district court.

Fleming and its clients argue that the district court lacked authority to enjoin prospective...

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