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STATE, DEPT. OF WILDLIFE v. GULFPORT ENERGY CORPORATION

No. 12-356.

125 So.3d 468 (2012)

STATE of Louisiana, DEPARTMENT OF WILDLIFE AND FISHERIES, v. GULFPORT ENERGY CORPORATION.

Court of Appeal of Louisiana, Third Circuit.

November 7, 2012.

Attorney(s) appearing for the Case

Andrew Charles Wilson , Simon, Peragine, Smith & Redfearn, LLP, New Orleans, LA, Glenn W. Alexander , Jones & Alexander, LLC, Cameron, LA, Frederick Coller Whitrock , Louisiana Department of Wildlife & Fisheries, Megan K. Terrell , Assistant Attorney General, Baton Rouge, LA, for Plaintiff-Appellant, State of Louisiana, Department of Wildlife and Fisheries.

David Lee Patron , Harry Rosenberg , Phelps Dunbar, L.L.P., New Orleans, LA, for Defendant-Appellee, Gulfport Energy Corporation.

Court composed of JOHN D. SAUNDERS, ELIZABETH A. PICKETT, and JAMES T. GENOVESE, Judges.

PICKETT, Judge.

The Department of Wildlife and Fisheries (DWF), suing on behalf of the State of Louisiana, appeals a judgment of the trial court sustaining an exception of no right of action filed by the defendant, Gulfport Energy Corporation (Gulfport), and dismissing the suit with prejudice.

STATEMENT OF THE CASE

DWF alleges that Gulfport damaged oyster beds and other oyster breeding grounds in Calcasieu Lake and West Cote Blanche Bay by...

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