Lama Drilling Co. v. Latham Exploration Co.

U.S. Court of Appeals for the Fifth Circuit December 1, 1987

Lama Drilling Co. v. Latham Exploration Co., 832 F.2d 1391 (5th Cir. 1987)

1987 U.S. App. LEXIS 15632

Opinion of the Court

PER CURIAM:

As the district court correctly noted, in reviewing actions taken by such a court in its appellate function — actions such as the dismissal in today’s case — we have announced that we affirm unless the court has clearly abused its discretion. In the Matter of Braniff Airways, Inc., 774 F.2d 1303, 1305 (5th Cir. 1985). For the reasons well stated in the court’s “Memorandum Ruling” filed May 11, 1987, there was no abuse of the court’s discretion here; and for us to meddle in its disposition would be, as our Brother Rubin has gracefully stated in Braniff, to “deny in action what we have announced as precept.” Id.

AFFIRMED.

Reference

Full Case Name: LAMA DRILLING CO., INC. v. LATHAM EXPLORATION CO., INC., Defendant-Appellee James A. LATHAM, LATHAM EXPLORATION CO., INC., Defendant-Appellee HABITATION LE CLERC, INC. v. LATHAM EXPLORATION CO., INC., Defendant-Appellee SILVERKEY DRILLING COMPANY, INC. v. LATHAM EXPLORATION CO., INC., Defendant-Appellee LATHAM EMPLOYEES TRUST FUND v. LATHAM EXPLORATION CO., INC.
Cited By: 2 cases
Status: Published