Miller v. FL Gas Transmission

U.S. Court of Appeals for the Fifth Circuit

Miller v. FL Gas Transmission

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________________

No. 01-30262 Civil Docket #99-CV-824 _______________________

MINOS D. MILLER, JR., as Trustee on behalf of Minos D. Miller, Sr. Trust; RUTH LOYD MILLER, as Trustee on behalf of Minos D. Miller, Sr. Trust; RICHARD MILLER, as Trustee on behalf of Miller Partnership,

Plaintiffs-Appellants,

versus

FLORIDA GAS TRANSMISSION, CO.,

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana _________________________________________________________________ December 13, 2001

Before JONES, EMILIO M. GARZA, and STEWART, Circuit Judges.*

PER CURIAM:

The court has carefully considered this appeal in light

of the briefs and pertinent portions of the record. Having done so

we find no reversible error of law or fact.

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. In particular, the district court did not err in

concluding that no “other paper” was filed for purposes of starting

the clock running on removal from state court until that court

deemed certain admissions against appellants.

28 U.S.C. § 1446

(b).

Further, under the circumstances of this case, the statement

contained in one of the parties’ contracts that disputes would be

resolved in “Louisiana’s courts” did not waive appellee’s right to

remove the dispute to federal court. Finally, we find no error in

the district court’s reasoning construing the 1989 easement

agreement and the 1994 release. The intent and effect of

contractual provisions in both situations are clear.

The judgment of the district court is AFFIRMED.

2

Reference

Status
Unpublished