Ard v. Transcontinental Gas Pipe Line Corp.

• Decision Date: 20 April 1998
• Docket Number: No. 97-30148,97-30148
• Parties: Geraldine ARD, Lillie Atkins; Anthony Banks; Mary Banks, individually and as natural tutrix of her minor children, Earnest Banks and Travis Thompson; Roosevelt Banks; Bernice Bond; Joe Brown; Otis Burton; Clara Butler; Fred Butler, Jr.; Georgia Butler, individually and as natural tutrix of her minor children, Latilda Butler; Willie Paul Butler, Chelis Cain; Jimmie Coleman; Louj Coleman; John Coleman; Alicena Coleman; Joseph Coleman; Samuel Coleman; Edis Coleman; Sylvia Coleman, individually and as natural tutrix of her minor child, Travis Duncan; Zola Coleman, individually and as natural tutrix of her minor children, Broderick Coleman and Kendra Coleman; Dorothy Donahue; Debra Dunn, individually and as natural tutrix of her minor children, Joseph Dunn, Tiffany Dunn and Brittany Dunn; Earl Foreman; Lisa Foreman; Shirley Foreman, individually and as natural tutrix of her minor children, Shameka Foreman, Theressa Foreman, and Earl Foreman, Jr.; Eloise Foskey; Tera Fox, individually and as natural tutrix of her minor child, Damon Fox; Catherine Glass, individually and as natural tutrix of her minor child, Chandra Glass; Mary Gilmore, individually and as natural tutrix of her minor children, Datrice Gilmore, Laketha Gilmore, Mona Gilmore and Lake Gilmore; Stanley Gordon; Felton Hall; Warreaner Hall, individually and as natural tutor of his minor child, Alisha Bidon; Priscilla Hall, individually and as natural tutrix of her minor children, Lavert Hall and Trendale Hall; Janice Hamler, individually and as natural tutrix of her minor children, Aleisha Hamler and Gebrea Hamler; Martha Hamler, individually and as natural tutrix of her minor children, Kaneka Hamler, Dwoyne Atkins, Daquarius Hamler and Sheilia Hamler; Sharon D. Henderson; Jeff Hitchen; Floyd Hitchen; Rose Hitchen, individually and as natural tutrix of her minor children, Alex D. Hitchen and Floyd Hitchen, Jr.; Arise Hitchen, individually and as natural tutrix of her minor child, Tyeka Hitchen; Damita Hitchens,
• Court: U.S. Court of Appeals — Fifth Circuit

Page 596

138 F.3d 596

Geraldine ARD, Lillie Atkins; Anthony Banks; Mary Banks individually and as natural tutrix of her minor children Earnest Banks and Travis Thompson; Roosevelt Banks Bernice Bond; Joe Brown; Otis Burton; Clara Butler; Fred Butler, Jr.; Georgia Butler, individually and as natural tutrix of her minor children, Latilda Butler; Willie Paul Butler, Chelis Cain; Jimmie Coleman; Louj Coleman; John Coleman; Alicena Coleman; Joseph Coleman; Samuel Coleman Edis Coleman; Sylvia Coleman, individually and as natural tutrix of her minor child, Travis Duncan; Zola Coleman individually and as natural tutrix of her minor children Broderick Coleman and Kendra Coleman; Dorothy Donahue; Debra Dunn, individually and as natural tutrix of her minor children, Joseph Dunn, Tiffany Dunn and Brittany Dunn; Earl Foreman; Lisa Foreman; Shirley Foreman, individually and as natural tutrix of her minor children, Shameka Foreman, Theressa Foreman, and Earl Foreman, Jr.; Eloise Foskey; Tera Fox, individually and as natural tutrix of her minor child, Damon Fox; Catherine Glass, individually and as natural tutrix of her minor child, Chandra Glass; Mary Gilmore, individually and as natural tutrix of her minor children, Datrice Gilmore, Laketha Gilmore, Mona Gilmore and Lake Gilmore; Stanley Gordon; Felton Hall; Warreaner Hall, individually and as natural tutor of his minor child, Alisha Bidon; Priscilla Hall, individually and as natural tutrix of her minor children, Lavert Hall and Trendale Hall; Janice Hamler, individually and as natural tutrix of her minor children, Aleisha Hamler and Gebrea Hamler; Martha Hamler, individually and as natural tutrix of her minor children, Kaneka Hamler, Dwoyne Atkins, Daquarius Hamler and Sheilia Hamler; Sharon D. Henderson; Jeff Hitchen; Floyd Hitchen; Rose Hitchen, individually and as natural tutrix of her minor children, Alex D. Hitchen and Floyd Hitchen, Jr.; Arise Hitchen, individually and as natural tutrix of her minor child, Tyeka Hitchen; Damita Hitchens, individually and as natural tutrix of her minor child, Michael Holland, Jr.; Edward Hitchen; Helen Hitchen, individually and as natural tutrix of her minor child, Lenora Hitchen; Rena Hitchens; Tirrell Harrell; Dedric Harrell; Ellison Harrell; Kimberly Hollins; Robert Hitchens; Elizabeth Hitchens; Bunion Holland; Leola Holland, individually and as natural tutrix of her minor children, Danielle Holland, Denise Holland, Delores Holland and Stafford Holland, Jr.; Helen Holmes, individually and as natural tutrix of her minor child, Randy Holmes; Rivers Holmes; Mirquie Holmes, individually and as natural tutrix of her minor children, A.J. Jackson and Wanell Armstrong; Leola Hoofkin; Darlene Horton; Eric Hughes; John L. Hughes; Melvin Hughes; Sarah Hughes; Percy Hutson; Wilmeta Hutson, individually and as natural tutrix of her minor child, Percy Hutson, Jr.; Anna Augusta Jackson; Glenda C. Jackson, individually and as natural tutrix of her minor children, Dakeithi Jackson, Trenise Jackson and Kimberly Jackson; Claretha James, individually and as natural tutrix of her minor children, Lenche Carter and Quenche Carter; Charlie Jarrell; Curtis Jenkins, Jr.; Marie Jenkins, individually and as natural tutrix of her minor children, Mark Jenkins and Curtis Jenkins, III; Francis Johnson; Levy Johnson; Levy Johnson, Jr., individually and as natural tutor of his minor child, Chenea Johnson; Kenny Johnson; Linda V. Johnson, individually and as natural tutrix of her minor children, Linda Charlene Johnson and Victoria Johnson; Louise M. Johnson, individually and as natural tutrix of her minor children Dwola Johnson and Michael Johnson; Minnie Johnson; Norwood Johnson; Vanessa Johnson, individually and as natural tutrix of her minor children, Quentin Johnson and Jeffrey Johnson; Willie Johnson; Doris Jyles, individually and as natural tutrix of her minor children, Derrick Jyles, Yasmine Jyles and LaQuinton Jyles; Earnestine Jyles, individually and as natural tutrix of her minor children, Lance Jyles, Jacqueline Jyles and Jacky Jyles; Herbert Jyles; Joseph Jyles; Leverse Jyles, Jr.; Ronnie Jyles; Sheila Jyles, individually and as natural tutrix of her minor children, Steaven Porter, Sheena Porter, Paul Porter and Jessica Porter; Sylvia M. Jyles, individually and as natural tutrix of her minor children, Christi Jyles, Walter Jyles, Laquhea Jyles and Jacqtta Jyles; Mary Kemp, individually and as natural tutrix of her minor child, Chester Kemp; Sonia Kinzey, individually and as natural tutrix of her minor child, Laquita Knox; Dorothy Knox, individually and as natural tutrix of her minor children, Felix Knox, Jr., Deborah Ann Knox and Demetria Knox; Felix Sr. Knox; Marvin Lee, individually and as natural tutor of his minor children, Marvin Lee, Jr. and Shemka Jyles; Sherri Lee; Belinda London, individually and as natural tutrix of her minor children, Brittney London and Roneca London; Fred London, Jr.; Joe James London; Lillie Rose London; Loretta London, individually and as natural tutrix of her minor child, Tyneshia London; James Mack; Idell Mason, individually and as natural tutrix of her minor children, Katressa Mason, Heather Mason, Dairius Mason and Nadia Mason; Ned Mayberry; Mary Mayberry; Lois McCartney; Leanderous McClendon; Annette McClendon, individually and as natural tutrix of her minor children, Leanderous McClendon, Jr., Lakisha McClendon and Temeka McClendon; Robert McClendon; Patricia McClendon, individually and as natural tutrix of her minor child, Shanankeia McClendon; Shirley McClendon, individually and as natural tutrix of her minor child, Tyneisha McClendon; Vernon McMorris, Jr.; Linda K. Patterson, individually and as natural tutrix of her minor children, Tiffany Patterson, Darcell Rheams and Ernest Rheams; Derry Mitchell; Debbie Porter, individually and as natural tutrix of her minor child, Andra Porter; Eli Porter; Sarah Porter, Fannie Porter; Gary Porter; Jerry Porter; Mary Porter, individually and as natural tutrix of her minor child, Jerrica Porter; Thomas J. Porter; Jonesnese Porter, individually and as natural tutrix of her minor children, Maranda Porter, Nzinga Porter, Thomas Porter, Jr., Jarod Porter, Shandron Porter, Ashley Porter and Myran Porter; Willie Porter, individually and as natural tutor of his minor children, Kimberly Porter, Jeremiah Porter, Danielle Porter, Nakia Porter and Daniel Porter; Robert Reese, individually and as natural tutor of his minor child, Octavia Reese; Clara Ringo; James Ringo; Carolyn Ringo, individually and as natural tutrix of her minor children, Yolanda Ringo and James Ringo, Jr.; Mildred Ringo, individually and as natural tutrix of her minor children, Terry Ringo and Tammy Ringo; Carrie Robertson, individually and as natural tutrix of her minor child, Jerome Robertson; Gertrude Robinson, individually and as natural tutrix of her minor children, Chyneikah Robinson, Candis Robinson, Corie Robinson, Jessica Robinson, Clarence Robinson and Robert Robinson; Chaney Robertson, Jr.; Bertha Lee Robertson, individually and as natural tutrix of her minor child, Joseph Robertson; Ruby Robertson, individually and as natural tutrix of her minor children, Lionel Jyles and Herbert Jyles; Vera Robinson, individually and as natural tutrix of her minor child, Allen Robinson; Emanuel Ross; Melvin Ross; Deloris H. Scott, individually and as natural tutrix of her minor child, Joseph Scott; Roosevelt Scott; Jennifer Scott, individually and as natural tutrix of her minor child, Brianna Scott; John E. Scott, individually and as natural tutor of his minor child, John Scott; Gus Shropshire; Sally Shropshire, individually and as natural tutrix of her minor child, Willie Shropshire; Pamela Simmons, individually and as natural tutrix of her minor children, La'Clarence Simmons and D'Trentta Simmons; Columbus Small; Arizola Spears, individually and as natural tutrix of her minor child, Ashley Spears; Wendell C. Stewart, individually and as natural tutor of his minor children, Shanderrecca Stewart and Wendolyn Stewart; Gloria Tanner; Gloristine T. Tanner; Andrea Taylor, individually and as natural tutrix of her minor child, Ashley Taylor; Barbara Taylor, individually and as natural tutrix of her minor children, Sheena Taylor and Shayna Taylor; Emmitt Taylor, Jr.; Pamela Taylor; Martha H. Thompson; Melvina Taylor; Robert Taylor; Harriet Taylor, individually and as natural tutrix of her minor children, Darrick Taylor, Robert Taylor, Jr., and Sharon Taylor; Sharon Taylor; Bobbie Jean Tillis, individually and as natural tutrix of her minor children, Brikiyok Tillis and Alberta Tillis; Lenard Tucker; Mittie M. Tucker; Mary Louise Turner, individually and as natural tutrix of her minor children, Carlos Turner, Lee Turner and Donrico Turner; Lylie Bell Wallace; Jaron White, individually and as natural tutor of his minor child, Deionte White; Veria C. White, individually and as natural tutrix of her minor children, Jaworsky White and Deyondra White; Willie White; Lashel Williams, individually and as natural tutrix of her minor children, Christopher Williams and Dowlin Williams; Emma Wright; S.A. Wright; Louise Wright; Bessie Wyre, individually and as natural tutrix of her minor children, Clifford Wyre and Ashley Wyre; Gerald Wyre; Leroy Wyre, individually and as natural tutor of his minor child, Sharoy Wyre; Angela H. Wright, individually and as natural tutrix of her minor children, Brady Holmes and Arabia Wright; Mattie H. Wyre, individually and as natural tutrix of her minor child, Letisha Pitt; Quqquitta Mason, Bobby Jackson; Demetria Jackson, individually and as natural tutrix of her minor children, Niescha Jackson, Lakesha Jackson, Bobby Jackson, Jr., Latrisa Jackson and Demetrius Jackson; Marion Myles; Aleisha Myles; Mella Williams, individually and as natural tutrix of her minor children, Nicholas Williams and Kendrick Williams; Bridget S. Knighten; Ora L. Knighten; Gloria Collins, individually and on behalf of...