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SHEPHERD v. INTERNATIONAL PAPER CO.

No. 03-20721.

372 F.3d 326 (2004)

Felicia SHEPHERD, Alex Grisby, Melvin Jackson, Gerald Thomas, Claudine Falkner, Rufino Razo, David Criswell, Larry Oliver, Michael Cloudy, Mark Fletcher, Quincy Ratcliff and Randy Horn, Plaintiffs-Appellees, v. INTERNATIONAL PAPER CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 2004.

Attorney(s) appearing for the Case

Stanley Byron Broussard, Houston, TX, for Plaintiffs-Appellees.

Jay Ronald Aldis, Asst. County Atty., Tracy Caldwell Temple, Bracewell & Patterson, Houston, TX, Jonathan Paul Harmon, McGuire Woods, Richmond, VA, Mary Jane Palmer, International Paper, Memphis, TN, for Defendant-Appellant.

Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

In this appeal, International Paper contends that the district court did not have jurisdiction to grant plaintiffs' Rule 60(b) motion for reconsideration once plaintiffs appealed the district court's order dismissing their case. We agree with International Paper and vacate the district court's order granting plaintiffs' motion for reconsideration.

Facts and Proceedings Below

In October 2002, plaintiffs filed this suit against...

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