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United States Fifth Circuit


In re Lease Oil Antitrust Litig., 08-40230

In the State of Texas' appeal from the District Court's denial of its motion to intervene in an antitrust action, the order is reversed where: 1) Texas had no quarrel with the underlying settlement agreement; and 2) failure to allow it to intervene would prejudice the state substantially because of its interest in the investment income at issue.

Appellate Information

  • Decided 05/28/2009
  • Published 05/28/2009

Judges

  • JERRY E. SMITH, Circuit Judge:, Before SMITH, DENNIS and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • James C. Ho, Office of the Solicitor General, for the State of Texas, Austin, TX; Linda Ibach Shaunessy, David Calvin Mattax, Asst. Atty. Gens., Lesli Gwen Ginn, Jennifer Settle Jackson, Office of the Attorney Gen., Financial Litigation Div., Austin, TX; Kent C. Sullivan, Joseph David Hughes, Office of the Attorney Gen. for the State of Texas, Austin, TX, for Appellant, State of Texas.

  • For Appellees:
  • Mary Kathryn Sammons (argued), Karon A. Oshman, Susman Godfrey, Houston, TX, for Appellee, Settling Plaintiffs., Thomas Butler Alleman (argued), Winstead, P.C., Dallas, TX, for Movant-Appellee.
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