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LEWIS v. HUNT

No. 05-30928.

492 F.3d 565 (2007)

Richard N. LEWIS, etc., et al., Plaintiffs, v. Caroline Lewis HUNT, et al., Defendants, Ellen Hunt Flowers, Mary Hunt Huddleston, Houston Bunker Hunt, Elizabeth Hunt Curnes, Defendants-Appellees, v. United States of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 12, 2007.

Attorney(s) appearing for the Case

Joan I. Oppenheimer (argued), Jonathan S. Cohen, U.S. Dept. of Justice, Tax Div. App. Section, Washington, DC, for U.S.

Glenn L. Langley, Hargrove, Smelley & Strickland, William Chase Kalmbach, Cook, Yancey, King & Galloway, Shreveport, LA, for Flowers, Hunt and Curnes.

F. Drake Lee, Jr. (argued), Cook, Yancey, King & Galloway, Shreveport, LA, for Huddleston and Hunt.

Daniel Scott Brown, D. Scott Brown Law Office, Mansfield, LA, for Huddleston.

Before KING, STEWART and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Richard N. Lewis and William J. Lewis, as trustees of the Turner Hunt Lewis Trust, and as co-administrators of the Succession of Turner Hunt Lewis, brought this suit in a Louisiana state court seeking instructions as to the validity under Louisiana law of a certain provision of the trust instrument, or, alternatively, for a concursus proceeding. They named the United States as a party, asserting that its sovereign immunity had been waived by...

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