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LANGHOFF PROPERTIES v. BP PRODUCTS NORTH AMERICA

No. 06-31203.

519 F.3d 256 (2008)

LANGHOFF PROPERTIES, LLC; TES Investments, Inc.; GLM Investments, Inc.; Nancy Munn and Kay Nelson, in their official capacities as co-executrixes of the Succession of Glenrose L. Roubion, Plaintiffs-Appellants, v. BP PRODUCTS NORTH AMERICA, INC., formerly known as American Oil Company, formerly known as Amoco Oil Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 31, 2008.

Attorney(s) appearing for the Case

Stephen P. Schott, Jason Ross Anders (argued), Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Plaintiffs-Appellants.

Joseph W. Looney (argued), Lara Elizabeth White, Adams & Reese, New Orleans, LA, for Defendant-Appellee.

Before WIENER, BARKSDALE, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

In 1966, Plaintiffs-Appellants ("Appellants"), directly or through their predecessors in interest, leased immovable property in New Orleans to Defendant-Appellee BP Products North America Inc., formerly American Oil Company or Amoco ("BP Products"), its successors and assigns, for BP Products to operate a fuel and automotive service station there. Well after that lease expired, Appellants initiated this action to recover damages for (1) contamination...

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