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UNITED DISASTER RESPONSE, LLC v. OMNI PINNACLE

No. 07-30348.

511 F.3d 476 (2007)

UNITED DISASTER RESPONSE, LLC, Plaintiff-Counter Defendant-Appellee, v. OMNI PINNACLE, LLC, Defendant-Cross Claimant-Counter Claimant-Appellee, v. St. Tammany Parish, Defendant-Cross Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 2007.

Attorney(s) appearing for the Case

David J. Krebs, Marc Lee Domres (argued), Krebs, Farley & Pelleteri, New Orleans, LA, for United Disaster Response, LLC.

Lloyd N. Shields (argued), Elizabeth Lapeyre Gordon, Shields, Mott, Lund, New Orleans, LA, Vincent J. Lobello, Wynne, Goux, Lobello, Slidell, LA, for Omni Pinnacle, LLC.

William Christopher Beary (argued), Orrill Cordell & Beary, New Orleans, LA, for St. Tammany Parish.

Before REAVLEY, SMITH and GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Omni Pinnacle, LLC ("Omni"), contracted with St. Tammany Parish to perform post-hurricane repairs. Omni subcontracted with United Disaster Response, LLC ("United"). Alleging that additional payment was due, United sued Omni and the parish, and Omni counterclaimed against United and cross-claimed against the Parish. Citing the Eleventh Amendment, Louisiana state law, and a choice-of-forum clause...

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