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ENERGY MANAGEMENT CORP. v. CITY OF SHREVEPORT

No. 03-30677.

397 F.3d 297 (2005)

ENERGY MANAGEMENT CORP.; Tellus Operating Group, LLC, Plaintiffs-Appellants, v. CITY OF SHREVEPORT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 13, 2005.

Attorney(s) appearing for the Case

Philip Edward Downer, III (argued), William R. Huguet, Downer, Hammond & Wilhite, Shreveport, LA, for Plaintiffs-Appellants.

John Miller Shuey, Jr. (argued), Shuey Smith, Shreveport, LA, for Defendant-Appellee.

Before DAVIS, GARZA and PRADO, Circuit Judges.

ON PETITION FOR REHEARING

W. EUGENE DAVIS, Circuit Judge:

In response to the Petition for Rehearing filed by the City of Shreveport, we withdraw the prior panel opinion in its entirety and substitute the following:

In this diversity suit, Energy Management Corporation ("EMC"), a Mississippi corporation that owns state granted mineral interests under and around Cross Lake, challenges the validity of City of Shreveport Ordinance 221 which prevents...

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