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PATTERSON v. MOBIL OIL CORP.

No. 02-40698.

335 F.3d 476 (2003)

Ozan PATTERSON, Individually & as Rule 23 Class Representative on behalf of all other similarly situated individuals; John Ballenger, Individually & as Rule 23 Class Representatives on behalf of all other similarly situated individuals, Plaintiffs-Appellants, v. MOBIL OIL CORPORATION; Forum Insurance Company; Mobil Corporation; Glenda Matouse, Individually & as Agent for Mobil Oil Corporation; Robert Gronwaldt, Individually & as agent for Mobil Oil Corporation; Ben Stiff, Individually & as agent for Mobil Oil Corporation; Charles Teeples, Individually & as Agent for Mobil Oil Corporation; National Union Fire Insurance Company of Pittsburgh, PA; AIG National Insurance Company; AIG Risk Management Inc.; AIG Inc.; Energy Printing Inc.; American Home Assurance Company; Insurance Company of the State of Pennsylvania, Defendants-Appellees. Thomas J. Ballenger, Plaintiff, Ella Ray Whitehead, Appellant, v. Mobil Oil Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 8, 2003.

Attorney(s) appearing for the Case

Gilbert T. Adams, Jr., Law Offices of Gilbert T. Adams, Beaumont, TX, Craig Smyser, Larry R. Veselka, Justin M. Waggoner, Asim M. Bhansali (argued), Smyser, Kaplan & Veselka, Houston, TX, for Patterson, Ballenger and Whitehead.

David Michael Gunn (argued), David J. Beck, Thomas Edward Ganucheau, Fields Alexander, Beck, Redden & Secrest, Jennifer Bruch Hogan, Hogan, Dubose & Townsend, Houston, TX, for Mobil Oil Corp. and Mobil Corp.

Harvey Ferguson, Jr., Chaves, Gonzales & Hoblit, San Antonio, TX, for Forum Ins. Co.

Lipscomb David Norvell, Jr., Benckenstein, Norvell & Nathan, Beaumont, TX, for Matouse and Gronwaldt.

Robert B. Wellenberger, Thompson, Coe, Cousins & Irons, Dallas, TX, Gregory Duane Smith, Ramey & Flock, Tyler, TX, for National Union Fire Ins. Co. of Pittsburgh, PA, AIG Nat. Ins. Co., AIG Risk Management Inc., AIG Inc., Energy Printing Inc., American Home Assur. Co. and Insurance Co. of State of PA.

Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and DUVAL, District Judge.

EMILIO M. GARZA, Circuit Judge:

This case arises from a wave of state and federal litigation brought by employees and former employees of Mobil, as well as their relatives. Generally, the employees assert that Mobil failed to comply with Texas workers' compensation law, such that Mobil was never a valid subscriber to the workers' compensation system. Under Texas's scheme, employees covered by subscriber-purchased policies receive compensation on a no-fault basis,...

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