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CARROLL v. FORT JAMES CORP.

No. 05-60582.

470 F.3d 1171 (2006)

Gerald CARROLL, individually and on behalf of his minor child, Nicholas Carroll; Kimberly Pizzuto; Robert Pizzuto; Robert Pizzuto, Jr.; Kyle Moran; et al., Plaintiffs-Appellants, v. FORT JAMES CORP., as the Successor-In-Interest of Crown Zellerbach Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 27, 2006.

Attorney(s) appearing for the Case

Gregg L. Spyridon (argued), Spyridon, Koch, Palermo & Dornan, Metairie, LA, for Plaintiffs-Appellants.

Joe Sam Owen, Owen & Galloway, Gulfport, MS, J. Kevin Buster (argued), Carmen Rosario Toledo, King & Spalding, Atlanta, GA, for Defendant-Appellee.

Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

The appellants challenge the lower court's dismissal of their suit on several grounds. First, they dispute the court's ruling that they failed to plead fraud with sufficient particularity. Second, they argue that the court abused its discretion in denying their motion for leave to amend. Third, they argue that the court dismissed several tort claims sua sponte without providing adequate fairness to the parties. We AFFIRM in part, and...

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