Carey v. Sub Sea International, Inc.

Full title: Jennifer CAREY, Individually and as Representative of the Estate of Gary…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 11, 2002

285 F.3d 347 (5th Cir. 2002)

Opinion

No. 01-40013.

February 11, 2002.

Joseph Charles Blanks, Woodville, TX, Charles Dewey Cole, Jr. (argued), Newman, Fitch, Altheim Myers, New York City, for Plaintiffs-Appellants.

Jack Gardiner Carnegie (argued), Jones, Day, Reavis Pogue, Houston, TX, for Sub Sea Int'l, Inc. Sub Sea Offshore, Ltd., Mobil Corp. and Mobil North Sea, Ltd.

Arthur M. Glover, Jr., Glover, Miller, Lewis Prebeg, Houston, TX, for Sub Sea Int'l, Inc., Mobil Corp. and Mobil North Sea, Ltd.

Paul E. Anderson, Jr., Glover, Miller, Lewis Prebeg, Houston, TX, for Sub Sea Int'l, Inc., Sub Sea Offshore, Ltd., Mobil Corp. and Mobil North Sea, Ltd.

Gerard Joseph Kimmitt, II (argued), Legge, Farrow, Kimmitt, McGrath Brown, Houston, TX, for Cooper Cameron Corp. and Cooper Cameron UK Ltd.

Appeal from the United States District Court for the Eastern District of Texas; Howell Cobb, Judge.

Before SMITH and DeMOSS, Circuit Judges, and DUPLANTIER, District Judge.^_

_ District Judge of the Eastern District of Louisiana, sitting by designation.

PER CURIAM:

The plaintiffs appeal an injunction preventing them from taking certain actions in state court. We have reviewed the briefs and pertinent portions of the record and have heard the arguments of counsel. We conclude that the district court plainly had jurisdiction. That court did not abuse its discretion and committed no reversible error in entering the injunction pursuant to the relitigation exception to the Anti-Injunction Act.

The order granting the injunction is AFFIRMED. We decline to award fees or costs for vexatious litigation or frivolous appeal.