United States Fifth Circuit

In an action over the liability of parties to a netting agreement, grant of summary judgment to defendants is vacated where the contract is ambiguous as to whether the Final Settlement Amount is a joint obligation. Grant of defendant's motion to dismiss based on the bankruptcy stay in place for other Enron entities is vacated where it is premised on the court's interpretation of the Netting Agreement.

Appellate Information

• Decided 10/29/2003
• Published 10/29/2003

Judges

• DeMOSS, Circuit Judge:, Before DeMOSS and STEWART, Circuit Judges, and FALLON, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard Earl Griffin (argued), H. Victor Thomas, Jr., Curt Michael Langley, Jackson Walker, Houston, TX, for Plaintiff-Appellant.


• For Appellees:
  
• John B. Strasburger, Weil, Gotshal & Manges, Houston, TX, Gregory Scott Coleman (argued), John F. Greenman, Weil, Gotshal & Manges, Austin, TX, for Defendant-Appellee.