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U.S. v. SID-MARS RESTAURANT & LOUNGE, INC.

No. 09-30869.

644 F.3d 270 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. SID-MARS RESTAURANT & LOUNGE, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 17, 2011.

Attorney(s) appearing for the Case

John Emad Arbab (argued), U.S. Dept. of Justice, Environmental & Natural Resources Div., Washington, DC, Glenn Kenneth Schreiber , Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Barry W. Ashe (argued), Kathryn Marie Knight , Stone, Pigman, Walther & Wittmann, L.L.C., Charles Louis Stern, Jr. , Steeg Law Firm, L.L.C., New Orleans, LA, for Defendant-Appellant.

Before DENNIS, OWEN and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judges.

Sid-Mar's Restaurant filed suit in state court demanding compensation from the State of Louisiana for the commandeering of its real property following Hurricane Katrina. While the state court litigation was pending, the United States initiated condemnation proceedings involving part of the same property in the United States District Court for the Eastern District of Louisiana. To avoid potentially conflicting judgments, the United...

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