UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 95-30545
_______________________
ALVIN C. COPELAND,
Plaintiff-Appellee,
versus
AMERICA'S FAVORITE CHICKEN COMPANY, ET AL.,
Defendants,
MERRILL LYNCH & CO., INC.,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
(92-CV-3961-S)
_________________________________________________________________
January 9, 1996
Before JONES, EMILIO M. GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Responding to a motion to enforce a settlement agreement
signed in June, 1994 among Copeland, AFCC and CIBC, the district
court entered judgment dismissing Copeland's complaint in the
instant "Recipe Royalty" suit with prejudice in favor of AFCC and
CIBC. As to co-defendant Merrill Lynch, the court granted judgment
"dismissing plaintiff's complaint with prejudice but reserving any
*
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this opinion should not be published and is not precedent except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.
and all rights of Alvin C. Copeland to prosecute the matter
entitled [the Lender Liability suit]." This language is ambiguous
as to whether or not it dismisses all claims that Copeland asserted
against Merrill Lynch in the Recipe Royalty suit, or whether it
allows even those claims to be pursued in the lender liability
action pending under another cause number. The district court's
ruling on the impact of the settlement agreement on the Lender
Liability suit was premature in this case. Because of the
ambiguity, we reverse and remand for entry of a new judgment.
Having considered the record, as well as the briefs and
arguments of counsel, we conclude that the parties' settlement
agreement compelled dismissal with prejudice of all claims asserted
by Copeland against Merrill Lynch in the Recipe Royalty suit. We
do not decide, however, what effect, if any, the settlement
agreement or judgment in this case may have upon the pending Lender
Liability case between Copeland and Merrill Lynch.
The judgment is REVERSED, and the case is REMANDED, for
entry of judgment in favor of Merrill Lynch dismissing plaintiff's
complaint in this Recipe Royalty lawsuit with prejudice.
REVERSED and REMANDED for entry of judgment as stated.
2