IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30660
CAPITOL HOUSE PRESERVATION COMPANY, LLC,
Plaintiff-Appellant,
versus
PERRYMAN CONSULTANTS INCORPORATED; M RAY PERRYMAN, Doctor;
XYZ INSURANCE; TUV INSURANCE; JAZZ ENTERPRISES, INC.; STEVE
URIE; MARGARET URIE; MARK BRADLEY; RONALD JOHNSON; MARILYN J.
JOHNSON; LODGING SYSTEMS, INC.; CATFISH QUEEN PARTNERSHIP IN
COMMENDAM; CPA ACCOUNTING FIRM; ARGOSY OF LOUISIANA, INC.;
ARGOSY GAMING CO.; PAULA BRADLEY,
Defendants-Appellees.
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CAPITOL HOUSE PRESERVATION COMPANY, LLC.,
Plaintiff-Appellant,
versus
JAZZ ENTERPRISES, INC.; STEVE URIE; MARGARET URIE;
MARK BRADLEY; RONALD JOHNSON; MARILYN J. JOHNSON;
LODGING SYSTEMS, INC.; CPA ACCOUNTING FIRM; XYZ INSURANCE CO.;
CATFISH QUEEN PARTNERSHIP IN COMMENDAM; ARGOSY OF LOUISIANA,
INC.; ARGOSY GAMING CO.; PAULA BRADLEY,
Defendants-Appellees.
Appeal from the United States District Court for the
Middle District of Louisiana, Baton Rouge
(95-CV-725-B-M2)
March 11, 1997
Before GARWOOD, WIENER and DeMOSS, Circuit Judges.*
PER CURIAM:
Under Quackenbush v. Allstate, 116 S.Ct. 1712 (1996)——which the
district court did not have the benefit of——dismissal was not
proper. Appellees have also agreed that developments since the
district court’s decision, including two of the state cases
becoming final, have rendered further stay inappropriate.
Accordingly, the judgment is vacated and the cause is remanded for
further proceedings.
VACATED and REMANDED
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
2