Energy Development Corp. v. St. Martin
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ON PETITION FOR REHEARING
Before GARWOOD, JOLLY and DAVIS, Circuit Judges. PER CURIAM:
In response to the defendants’ petition for rehearing, we substitute the following in place of the opinion as originally issued: 1
We AFFIRM the judgment of the district court essentially on the basis of its careful Memorandum Opinion dated De cember 12, 2000. 2 For the reasons stated below, we decline to consider the res judicata defense which is raised for the first time on appeal.
I
Energy Development Corporation (“EDC”) filed two actions (later consolidated) seeking a declaratory judgment establishing its…
2Cases cited9 opinions
- Exxon Corporation v. Texas Motor Exchange of Houston, Inc.Court of Appeals for the Fifth Circuit · 1980
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- Tolis v. Board of Sup'rs of Louisiana State UniversitySupreme Court of Louisiana · 1995
- American Furniture Co. v. International Accommodations SupplyCourt of Appeals for the Fifth Circuit · 1981
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