LOUISIANA v. UNION OIL CO. OF CALIFORNIA

Nos. 05-30488, 05-30489, 05-30492 and 05-30493.

458 F.3d 364 (2006)

State of LOUISIANA; School Board Vermilion Parish, Plaintiffs-Appellants, v. UNION OIL COMPANY OF CALIFORNIA, also known as Unocal Exploration Corp., also known as Union Exploration Partners, Ltd., Defendant-Appellee. State of Louisiana; School Board Vermilion Parish, Plaintiffs-Appellants, v. Chevron USA Inc., also known as Texas Co., also known as Texaco Exploration and Production Inc., formerly known as Texaco Inc., also known as Texaco Producing Inc.; ExxonMobil Corp., also known as Humble Oil & Refining Co., formerly known as Exxon Corp.; Beta Operating Company LLC; Hilcorp Energy Co., Defendants-Appellees. State of Louisiana; School Board Vermilion Parish, Plaintiffs-Appellants, v. ExxonMobil Corp., also known as Humble Oil & Refining Co., formerly known as Exxon Corp., Defendant-Appellee. State of Louisiana; School Board Vermilion Parish, Plaintiffs-Appellants, v. Shell Oil Co.; SWEPI LP, formerly known as Shell Western E&P Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 25, 2006.


Attorney(s) appearing for the Case

Victor L. Marcello (argued), Talbot, Carmouche & Marcello, Gonzales, LA, Grady J. Abraham, Koury & Abraham, Lafayette, LA, for Plaintiffs-Appellants.

G. William Jarman, Alan James Berteau, Charles Simon McCowan, III, Louis Victor Gregoire, Jr., Kimberly Kaye Hymel, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, Gilbert Stephen Keteltas, Howrey, Simon, Arnold & White, Washington, DC, for Defendants-Appellees.

Benjamin Roth Grau, Wilson, Elser, Moskowitz, Edelman & Dicker, Dallas, TX, Charles R. Talley, Jamie Domilise Henry, Lemle & Kelleher, New Orleans, LA, for Azimuth Energy LLC, Amicus Curiae.

Robert Beattie McNeal (argued), Mark LeRay McNamara (argued), Natalie Renee Bolling, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for ExxonMobil Corp.

Jamie Duayne Rhymes, Liskow & Lewis, Lafayette, LA, for Beta Operating Co. LLC.

Paul J. Hebert (argued), Mark DeWitt Sikes, Ottinger Hebert, Lafayette, LA, for Hilcorp Energy Co.

Thomas M. McNamara, Jessica Gray McNamara, Lafayette, LA, for Shell Oil Co. and SWEPI LP.

Before DeMOSS, BENAVIDES and PRADO, Circuit Judges.


PRADO, Circuit Judge:

The State of Louisiana and the Vermillion Parish School Board (collectively "VPSB") brought suit against Union Oil Co. of California, Chevron USA Inc., ExxonMobil Corp., and Shell Oil Co. (collectively "Unocal") in Louisiana state court for alleged breach of contract, negligence, strict liability and trespass arising out of oil and gas exploration activities conducted by Unocal on Section 16 lands.

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