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ENERGY DEVELOPMENT CORP. v. ST. MARTIN

No. 01-30266.

296 F.3d 356 (2002)

ENERGY DEVELOPMENT CORPORATION, Plaintiff-Appellee, v. Michael X. ST. MARTIN; Virginia Rayne St. Martin; Quality Environmental Processes, Inc., Defendant-Appellants, The Louisiana Land and Exploration Company, Defendant-Counter Plaintiff, v. Samuel J. Stagg, III, M.D.; husband of; Julie M. Stagg; James G. Fister, husband of; Linda F. Fister; Bayou Area Children's Foundation, Inc., Counter Defendants-Appellants. Energy Development Corporation, Plaintiff-Appellee, v. Michael X. St. Martin; Virginia Rayne St. Martin; Quality Environmental Processes, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 27, 2002.

Attorney(s) appearing for the Case

David Randolph Richardson (argued), Barton, Richardson, Canseco & Whitney, New Orleans, LA, Raymond G. Hoffman, Jr., Hoffman, DeHaven & Haggerty. Metairie, LA, for Plaintiff-Appellee.

Andrew J. Gray, III (argued), The Gray Law Firm, Lake Charles, LA, for Defendants-Appellants.

Before GARWOOD, JOLLY and DAVIS, Circuit Judges.

PER CURIAM:

In response to the defendants' petition for rehearing, we substitute the following in place of the opinion as originally issued:1

We AFFIRM the judgment of the district court essentially on the basis of its careful Memorandum Opinion dated December 12, 2000.2 For the reasons stated below, we decline to consider the res judicata defense which is...

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