United States Fifth Circuit

A declaratory judgment on remand declaring a city ordinance, involving the drilling of oil and gas wells, "invalid" rather than "preempted," and refusing to award plaintiff damages, attorney's fees, and costs, is vacated in part where the prior panel intended that the entire ordinance be preempted by Louisiana law, and remanded in part as to the issue of allocating costs.

Appellate Information

• Decided 10/06/2006
• Published 10/06/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Philip Edward Downer, III (argued), William R. Huguet, Downer, Hammond & Wilhite, Shreveport, LA, for Plaintiffs-Appellants.


• For Appellees:
  
• John Miller Shuey, Jr. (argued), Shuey Smith, Shreveport, LA, for Defendant-Appellee.