The STATE of Louisiana, William Kimball, H.M. Kimball, Jr., and Elizabeth Kimball Lewis, Individually and as Representatives of a Class of Those Similarly Situated
v.
SPRINT COMMUNICATIONS COMPANY, L.P., et al.
The State of Louisiana and XCL, Ltd., et al., Individually and as Representatives of a Class of Those Similarly Situated
v.
Wiltel, Inc., et al.
Court of Appeal of Louisiana, First Circuit.https://leagle.com/images/logo.png
October 29, 2004.
Order Granting Rehearing April 6, 2005.
Attorney(s) appearing for the Case
Edward J. Walters, Jr., Darrel J. Papillion, Baton Rouge, Kevin R. Duck, Lafayette, Counsel for 1st Appellants/Plaintiffs The Alexander Objectors.
Kenneth W. DeJean, Lafayette, Scott A. Powell, Don P. McKenna, Birmingham, AL, for 2nd Appellants/Plaintiffs The McCormick Objectors.
Michael R. Mangham, Dawn M. Fuqua, Donald J. Ethridge, Lafayette, Victor L. Marcello, Donald T. Carmouche, John H. Carmouche, Gonzales, Patrick W. Pendley, Allen J. Myles, Plaquemine, for Appellees/Plaintiffs William Kimball, H.M. Kimball, Jr., Elizabeth Kimball Lewis, Katherine McClelland Sibille, The Sibille Co., Inc., Individually and as Representatives of a Class of Those Similarly Situated.
Henry D. Salassi, Jr., John F. Olinde, Douglas L. Grundmeyer, Charles P. Blanchard, Keith C. Armstrong, New Orleans, for Appellees/Defendants The Settling Class Defendants Sprint Communications Co., L.P., et al.
Allen D. Darden, Baton Rouge, for Appellees/Defendants MCI Worldcom Network Services, Inc., et al.
Kenneth Pitre, Eunice, for Appellees/Objectors The Lurnest Fruge Heirs.
F. Gerald Maples, Pass Christian, MS, Timothy W. Porter, Jackson, MS, for Appellees/Objectors Russell W. and Wendy Amato.
L. Paul Foreman, Lake Charles, for Appellees/Objectors The J.R. Franks Objectors.
Before: CARTER, C.J., PARRO, GUIDRY, PETTIGREW, and GAIDRY, JJ.
Court of Appeal of Louisiana, First Circuit.
CARTER, C.J.
This is an appeal from a district court judgment approving a class action settlement over the objection of certain class members. For the reasons that follow, we reverse and remand.
FACTS AND PROCEDURAL HISTORY
In October of 1994, plaintiffs, the State of Louisiana ("State")1 and other landowners, filed two separate class action suits, which were thereafter consolidated, asserting the named defendants...
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