This section contains the nature of the case and procedural background.

Avitts (P) filed suit in a Texas state court to recover monetary damages for alleged injuries to their property caused by Ds' oil and gas operations. The matter was removed to federal court in that the complaint stated: It is expected that the evidence will reflect that the damages caused by the Defendants are in violation of not only State law but also Federal law. In concert with their notice of removal, Ds filed a Fed. R. Civ. P. 12(e) motion for a more definite statement, in that P failed to specify which State or Federal laws Ds allegedly violated. P subsequently filed a first amended complaint, omitting all reference to federal law. No federal question has ever been stated. The district court entered a preliminary injunction requiring Ds to complete an environmental study and to pay costs and attorney's fees. Ds appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.