IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30730
AVENGER MANUFACTURING COMPANY INCORPORATED,
Plaintiff-Appellee,
versus
SOUTHPOINT MARINA, ET AL.,
Defendants,
SOUTHPOINT MARINA,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Louisiana
(95-CV-3424-C)
January 5, 1999
Before GARWOOD, DAVIS and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
In our April 13, 1998, opinion herein, we severed the appeal
of the corporate defendant Port Isabel Marina/South Point, Inc.
(also known as Southpoint Marina) because of its pending bankruptcy
proceedings in which said party was debtor (In re Port Isabel
Marina/South Point, Inc., United States Bankruptcy Court, Southern
*
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opinion should not be published and is not precedent except under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.
District of Texas, McAllen Division, originally filed as No. 97-
21408-B-11 in said court), and we abated that severed appeal
pending termination of said bankruptcy proceeding or lifting the
automatic stay therein, whichever was first.** We have now been
informed that in September 1998 a final decree was entered in the
referenced bankruptcy closing the bankruptcy case. Counsel for the
corporate defendant-appellant has also advised that the corporate
defendant and all of its assets have been sold.
Accordingly, the severed portion of this case involving the
appeal of the said corporate defendant is now reactivated, and the
Court, after consideration of the briefs, pertinent portions of the
record, and the argument of counsel (this case was fully argued to
the Court before this Court’s order of April 13, 1998), concludes
that no cause for reversal has been demonstrated, and accordingly
as to said severed portion of this cause, namely the appeal of the
said corporate defendant, the judgment of the district court is in
all things AFFIRMED.***
**
At the same time, we in all things affirmed the judgment in
the nonsevered portion of the case (including the appeal of Scott
Rowland (individually and doing business as Southpoint Marina).
***
All pending, undisposed-of motions pertinent to said severed
case are denied.
2