Florida Gas Transmission Company, LLC VS Texas Brine Company, LLC
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO. 2018 CA 1215 FLORIDA GAS TRANSMISSION COMPANY, LLC VERSUS TEXAS BRINE COMPANY, LLC, ET AL. Judgment Rendered: SSE.P 2 7 2019 On Appeal from The 23rd Judicial District Court, Parish of Assumption, State of Louisiana Trial Court No. 34316 I L, The Honorable Thomas J. Kliebert Jr., Judge Presiding Leopold Z. Sher Attorneys for Appellant/Defendant, James M. Garner Texas Brine Company, LLC Peter L. Hilbert Jr. Jeffrey D. Kessler New Orleans, Louisiana Robert Ryland Percy III Gonzales, Louisiana Travis J. Turner Gonzales, Louisiana Mary S. Johnson Attorneys for Appellees/ Third-Party Mandeville, Louisiana Defendants, Chad J. Mollere AIG Specialty Insurance Company, New Hampshire Insurance Company, Nichole M. Gray and National Union Fire Insurance New Orleans, Louisiana Company of Pittsburgh, PA BEFORE: GUIDRY, McDONALD, AND CRAIN, JJ. CRAIN, J. Texas Brine Company, LLC, appeals a January 31, 2018 judgment granting declinatory exceptions of lis pendens filed by AIG Specialty Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, and New Hampshire Insurance Company ( collectively, Oxy Insurers), as alleged insurers of Occidental Chemical Corporation, Occidental Petroleum Corporation, and/ or Oxy USA, Inc. The judgment dismissed Texas Brine' s claims against the Oxy Insurers without prejudice " in favor of the first -filed set of claims and demands pending in ... Gustave J. LaBarre, Jr., et al. versus Occidental Chemical Company, et al., Docket No. 33, 796, 23rd Judicial District Court, Parish of Assumption, State of Louisiana." The arguments presented by Texas Brine herein were addressed in a related appeal decided by this circuit, Crosstex Energy Services, Company, LLC, 18- 1323 ( 2019WL3757601), which La. App. affirmed 1 Cir. 8/ 8/ 19), LP v. Texas Brine So. 3d similar judgment granting declinatory a exceptions of lis pendens filed by the Oxy Insurers. Following Crosstex Energy Services, we affirm the January 31, 2018 judgment. This memorandum opinion is issued in accordance with Uniform Rules— Courts of Appeal, Rule 2- 16. 113. costs of this appeal are assessed to Texas Brine. AFFIRMED. K All
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