Johnstone v. American Oil Co., 92-3063

Decision Date11 March 1994
Docket NumberNo. 92-3063,92-3063
Citation17 F.3d 728
PartiesDaniel JOHNSTONE, Deceased, Plaintiff, Leslie V. Johnstone, in Her Capacity as the Personal Representative of the Estate of Daniel Johnstone, et al., and the Estate of Daniel Johnstone, Deceased, Plaintiffs-Appellees Cross-Appellants, v. AMERICAN OIL CO., et al., Defendants, Keene Corporation, Defendant-Appellant Cross-Appellee. John HANNON, et al., Plaintiffs, v. WATERMAN STEAMSHIP CORPORATION, et al., Defendants.
CourtU.S. Court of Appeals — Fifth Circuit

Daniel J. Mulholland, John D. Cosmich, Forman, Perry, Watkins & Krutz, Jackson, MS, for appellant.

Scott R. Bickford, John Robert Martzell, Regina O. Matthews, Martzell & Thomas, New Orleans, LA, for appellees.

Appeals from the United States District Court for the Eastern District of Louisiana; Michaelle Pitard Wynne, United States Magistrate Judge.

Before JOHNSON, JOLLY, and JONES, Circuit Judges.

BY THE COURT:

IT IS ORDERED that this court's order dated January 18, 1994, denying rehearing is VACATED and this court's judgment as mandate, which issued on January 28, 1994, is RECALLED in view of the pending bankruptcy proceedings of Keene Corporation.

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4 cases
  • Jennings v. Jones
    • United States
    • U.S. Court of Appeals — First Circuit
    • March 7, 2007
    ...Fifth Circuit, citing the Oberman decision, in Johnstone v. American Oil Co., 7 F.3d 1217, 1224 (5th Cir.1993), mandate recalled, 17 F.3d 728 (5th Cir.1994), and Arenson v. Southern University Law Center, 43 F.3d 194, 196 (5th Cir.1995), has held that "when the defendants failed to seek a r......
  • Hulin v. Fibreboard Corp., Civil Action No. 86-11-B.
    • United States
    • U.S. District Court — Middle District of Louisiana
    • December 9, 1996
    ...DuPont De Nemours & Co., 19 F.3d 997 (5th Cir.1994); Johnstone v. American Oil Co., 7 F.3d 1217 (5th Cir.1993), mandate recalled, 17 F.3d 728 (5th Cir.1994); Pennington v. Vistron Corp., 876 F.2d 414 (5th Cir.1989); Valenti v. Surgiteck-Flash Medical Eng. Corp., 875 F.2d 466 (5th Cir.1989);......
  • Arenson v. Southern University Law Center, 93-3544
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • January 26, 1995
    ...of law, it also was required to rule on alternative new trial motion), order on rehearing vacated pending bankruptcy proceedings, 17 F.3d 728 (5th Cir.1994); 9 CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE & PROCEDURE Sec. 2539, n. 75 (listing cases). Had the trial court ruled on......
  • United States v. Reid, 13-20272
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 8, 2014
    ... ... dealers other than Bachman Pawn and Academy Sports from which Reid's co-conspirators purchased firearms on other occasions were federally ... ...

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