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ENERGY MANAGEMENT CORP. v. CITY OF SHREVEPORT

No. 05-30551.

467 F.3d 471 (2006)

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

United States Court of Appeals, Fifth Circuit.

October 6, 2006.

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 BARKSDALE, STEWART and CLEMENT, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Plaintiff-Appellant Energy Management Corporation ("EMC") appeals the district court's judgment on remand declaring City of Shreveport ("Shreveport") Ordinance 221 "invalid" rather than "preempted." EMC also challenges the district court's refusal to award damages, attorney's fees and costs. For the following reasons, we reverse and remand the judgment of the district court regarding the declaratory judgment language, holding that the...

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