United States Fifth Circuit

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Kling Realty Co. v. Chevron USA Inc., 08-30043

In a tort action for contamination of Plaintiffs' land through oil and gas exploration, summary judgment for Defendant is affirmed, where the action was barred by prescription because Plaintiffs had failed to take action regarding the contamination for many years, although they knew it was occurring.

Appellate Information

  • Decided 07/10/2009
  • Published 07/10/2009

Judges

  • CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, BENAVIDES and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • J. Michael Veron (argued), Alonzo P. Wilson (argued), Veron, Bice, Palermo & Wilson, Lake Charles, LA, Edward Paul Landry, Landry, Watkins, Repaske & Breaux, New Iberia, LA, for Plaintiffs-Appellants.

  • For Appellees:
  • G. William Jarman (argued), Alan James Berteau, Louis Victor Gregoire, Jr., Donna Vandever Yelverton, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Defendant-Appellee.