UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 01-30266 ENERGY DEVELOPMENT CORPORATION Plaintiff-Appellee VERSUS MICHAEL X. ST. MARTIN; VIRGINIA RAYNE ST. MARTIN; QUALITY ENVIRONMENTAL PROCESSES, INC. Defendant-Appellants THE LOUISIANA LAND AND EXPLORATION COMPANY Defendant - Counter Plaintiff VERSUS SAMUEL J. STAGG, III, M.D.; husband of; JULIE M. STAGG; JAMES G. FISTER, husband of; LINDA F. FISTER; BAYOU AREA CHILDREN’S FOUNDATION, INC. Counter Defendants - Appellants ----------------------------------------------------------------- ENERGY DEVELOPMENT CORPORATION Plaintiff-Appellee VERSUS MICHAEL X. ST. MARTIN; VIRGINIA RAYNE ST. MARTIN; QUALITY ENVIRONMENTAL PROCESSES, INC. Defendant-Appellants Appeal from the United States District Court for the Eastern District of Louisiana 99-CV-1793 February 20, 2002 Before GARWOOD, JOLLY, and DAVIS, Circuit Judges PER CURIAM:* * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under  We AFFIRM the judgment of the district court essentially on the basis of its careful Memorandum Opinion dated December 12, 2000. The res judicata defense asserted by appellant for the first time on appeal was not timely raised in the district court and therefore is waived. All outstanding motions in this case are DENIED. AFFIRMED. the limited circumstances set forth in 5TH CIR. R. 47.5.4. 2