State of La. ex rel. Guste v. Verity, No. 88-3185

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore GEE, DAVIS, and SMITH; PER CURIAM
Citation850 F.2d 211
PartiesSTATE OF LOUISIANA, ex rel. William J. GUSTE, Jr., et al., Plaintiffs- Appellants, and Concerned Shrimpers of Louisiana, Intervenor-Appellant, v. C. William VERITY, Jr., Secretary, United States Department of Commerce, et al., Defendants-Appellees, and The Environmental Defense Fund, Intervenor-Appellee.
Docket NumberNo. 88-3185
Decision Date11 July 1988

Page 211

850 F.2d 211
STATE OF LOUISIANA, ex rel. William J. GUSTE, Jr., et al.,
Plaintiffs- Appellants,
and
Concerned Shrimpers of Louisiana, Intervenor-Appellant,
v.
C. William VERITY, Jr., Secretary, United States Department
of Commerce, et al., Defendants-Appellees,
and
The Environmental Defense Fund, Intervenor-Appellee.
No. 88-3185.
United States Court of Appeals,
Fifth Circuit.
July 11, 1988.
Opinion Issued Aug. 15, 1988. *

John B. Sheppard, Jr., Asst. Atty. Gen., William G. Guste, Jr., Atty. Gen., Baton Rouge, La., for State of La.

Eric F. Skrmetta, William L. Von Hoene, Jr., Von Hoene & Skrmetta, New Orleans, La., for Concerned Shrimpers.

John Volz, U.S. Atty., S. Mark Gallinghouse, Asst. U.S. Atty., New Orleans, La., for defendants-appellees.

Vicki L. Plaut, Peter R. Steenland, Jr., Dept. of Justice, David J. Hayes, Washington, D.C., for C. William Verity.

Gerald E. Meunier, New Orleans, La., Barbara E. Pace, Washington, D.C., for Environmental Defense Fund.

Page 212

Appeal from the United States District Court for the Eastern District of Louisiana; Patrick E. Carr, Judge.

Before GEE, DAVIS, and SMITH, Circuit Judges.

PER CURIAM:

For reasons to be assigned in an opinion to be issued in due course, the judgment of the district court dismissing this action is AFFIRMED. The district court's order staying execution of its judgment is VACATED effective 11:59 p.m., August 31, 1988. If appellants wish to apply to the Supreme Court of the United States for a further stay of judgment or for other relief, application should be made during the pendency of the stay as announced herein, as no further stays will be granted by this court.

SO ORDERED.

---------------

* See 853 F.2d 322.

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5 practice notes
  • Blue v. U.S. Dept. of Army, Nos. 88-1364
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • October 12, 1990
    ...reasonable sanction; however, "[i]n this respect, 'reasonable' does not necessarily mean actual expenses and attorney's fees." Fahrenz, 850 F.2d at 211. The government may protest that if Chambers does not bear the full brunt of those sanctions originally imposed upon Sumter, then it will n......
  • State of La., ex rel. Guste v. Verity, No. 88-3185
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 15, 1988
    ...the district court entered summary judgment for the defendants. Louisiana ex rel. Guste v. Verity, 681 F.Supp. 1178 (E.D.La.), aff'd, 850 F.2d 211 (5th Cir.1988). On April 12, 1988, a stay pending appeal was issued. In the present appeal, the appellants again argue that the regulations are ......
  • Chapman & Cole v. Itel Container Intern. B.V., No. 87-2973
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 17, 1989
    ...attorney's fees. Instead Rule 11 leaves the determination of the "appropriate sanction" to the sound discretion of the trial court.... 850 F.2d at 211. While Fahrentz addresses the specific situation of expenses as a sanction, the same reasoning applies where the court imposes sanctions tha......
  • Louisiana State v. Dep't of Commerce, Civil Action 21-1523
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • September 9, 2021
    ...of its interest in and ownership of its marine resources.” State of La. ex rel. Guste v. Verity, 681 F.Supp. 1178, 1181 (E.D. La.), aff'd, 850 F.2d 211 (5th Cir. 1988). [20] 84 Fed. Reg. 70, 048 (Dec. 20, 2019). [21] Final Environmental Impact Statement, Doc. 14-13. [22] Texas v. United Sta......
  • Request a trial to view additional results
5 cases
  • Blue v. U.S. Dept. of Army, Nos. 88-1364
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • October 12, 1990
    ...reasonable sanction; however, "[i]n this respect, 'reasonable' does not necessarily mean actual expenses and attorney's fees." Fahrenz, 850 F.2d at 211. The government may protest that if Chambers does not bear the full brunt of those sanctions originally imposed upon Sumter, then it will n......
  • State of La., ex rel. Guste v. Verity, No. 88-3185
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 15, 1988
    ...the district court entered summary judgment for the defendants. Louisiana ex rel. Guste v. Verity, 681 F.Supp. 1178 (E.D.La.), aff'd, 850 F.2d 211 (5th Cir.1988). On April 12, 1988, a stay pending appeal was issued. In the present appeal, the appellants again argue that the regulations are ......
  • Chapman & Cole v. Itel Container Intern. B.V., No. 87-2973
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 17, 1989
    ...attorney's fees. Instead Rule 11 leaves the determination of the "appropriate sanction" to the sound discretion of the trial court.... 850 F.2d at 211. While Fahrentz addresses the specific situation of expenses as a sanction, the same reasoning applies where the court imposes sanctions tha......
  • Louisiana State v. Dep't of Commerce, Civil Action 21-1523
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • September 9, 2021
    ...of its interest in and ownership of its marine resources.” State of La. ex rel. Guste v. Verity, 681 F.Supp. 1178, 1181 (E.D. La.), aff'd, 850 F.2d 211 (5th Cir. 1988). [20] 84 Fed. Reg. 70, 048 (Dec. 20, 2019). [21] Final Environmental Impact Statement, Doc. 14-13. [22] Texas v. United Sta......
  • Request a trial to view additional results

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