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MUMBLOW v. MONROE BROADCASTING, INC.

No. 03-31013.

401 F.3d 616 (2005)

Stephen P. MUMBLOW, Plaintiff-Appellant, v. MONROE BROADCASTING, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 28, 2005.

Attorney(s) appearing for the Case

Erich Phillip Rapp (argued), Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Plaintiff-Appellant.

Robert L. Cabes (argued), Steven Joseph Dupuis, Jr., Milling, Benson & Woodward, Lafayette, LA, for Defendant-Appellee.

Before SMITH and GARZA, Circuit Judges, and VANCE, District Judge.

VANCE, District Judge:

Stephen P. Mumblow appeals the trial court's decision to apply Louisiana law to this case and its dismissal of his claim as premature. Because the trial court properly chose to apply Louisiana law to this case but made clearly erroneous findings of fact, we AFFIRM in part, REVERSE in part, and REMAND the matter for further proceedings consistent with this opinion.

I. FACTS AND PROCEEDINGS BELOW...

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