Filed: Jul. 03, 2001
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 00-60877 Summary Calendar BESSIE GRAY, Plaintiff-Appellant, VERSUS SHELL OIL COMPANY; ET AL, Defendants SHELL OIL COMPANY; MURPHY OIL USA INC; DENBURY MANAGEMENT INC; ARKANSAS OIL COMPANY; S LAVON EVANS JR OPERATING CO, INC, Defendants-Appellees. Appeal from the United States District Court For the Southern District of Mississippi, Hattiesburg (2:96-CV-411-PG) June 29, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:*
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 00-60877 Summary Calendar BESSIE GRAY, Plaintiff-Appellant, VERSUS SHELL OIL COMPANY; ET AL, Defendants SHELL OIL COMPANY; MURPHY OIL USA INC; DENBURY MANAGEMENT INC; ARKANSAS OIL COMPANY; S LAVON EVANS JR OPERATING CO, INC, Defendants-Appellees. Appeal from the United States District Court For the Southern District of Mississippi, Hattiesburg (2:96-CV-411-PG) June 29, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* B..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-60877
Summary Calendar
BESSIE GRAY,
Plaintiff-Appellant,
VERSUS
SHELL OIL COMPANY; ET AL,
Defendants
SHELL OIL COMPANY; MURPHY OIL USA INC; DENBURY MANAGEMENT INC;
ARKANSAS OIL COMPANY; S LAVON EVANS JR OPERATING CO, INC,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Mississippi, Hattiesburg
(2:96-CV-411-PG)
June 29, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Bessie Gray appeals the grant of summary judgment in favor of
the defendants, S. Lavon Evans, Jr. Operating Company, Inc.; Murphy
Oil USA, Inc.; Denbury Management, Inc.; Arkansas Oil Company; and
*
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opinion should not be published and is not precedent except under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.
Shell Oil Company.
In May 1994, Gray filed suit in a Mississippi state court
(“Gray I”), alleging radioactive and other contamination of her
property. The court granted summary judgment in favor of the
defendants. In October 1996, Gray filed another suit (“Gray II”),
which was removed to a federal court. In addition to some of the
defendants from “Gray I,” Gray also sued Shell Oil Company and
added new sites of contamination, but alleged the same type of
property damage. “Gray II” was removed to federal court. All
claims were dismissed on summary judgment.
The grant of summary judgment is reviewed de novo, applying
the same standard as the district court. Pratt v. City of Houston,
Texas,
247 F.3d 601, 605-606 (5th Cir. 2001).
The Mississippi Supreme Court has declared:
For the bar of res judicata to apply, four identities
must be present: (1) identity of the subject matter of
the action; (2) identity of the cause of action; (3)
identity of the parties to the cause of action; and (4)
identity of the quality or character of a person against
whom the claim is made.
Little v. V & G Welding Supply, Inc.,
704 So. 2d 1336, 1338 (Miss.
1997). “If these four identities are present, the parties will be
prevented from relitigating all issues tried in the prior lawsuit,
as well as matters which should have been litigated and decided in
the prior suit.” Hogan v. Buckingham,
730 So. 2d 15, 17 (Miss.
1998).
We find that the district court was correct in concluding that
Gray’s claims against defendants S. Lavon Evans, Jr. Operating
Company, Inc., Murphy Oil USA, Inc., Denbury Management, Inc., and
Arkansas Oil Company are barred by res judicata. Identity of the
subject matter exists because both “Gray I” and “Gray II” involved
the same tract of land owned, the same alleged contamination, and
the same oil and gas operations. Identity of the cause of action
exists because “there is a commonality in the ‘underlying facts and
circumstances upon which a claim is asserted and relief sought from
the two actions.’” City of Jackson v. Lakeland Lounge of Jackson,
Inc.,
688 So. 3d 742, 749 (Miss. 1996). Identity of the parties
and identity of character exist because in both suits these
defendants were sued in their corporate capacity.
The district court was also correct in granting summary
judgment in favor of Shell Oil Company. No genuine issue of
material fact exists concerning Shell’s liability.
Accordingly, we affirm the judgment of the district court.
AFFIRMED