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RYCADE OIL CORP. v. BOARD OF COMMISSIONERS, ETC.

No. 78.

129 So.2d 302 (1961)

RYCADE OIL CORPORATION, Plaintiff-Appellee, v. BOARD OF COMMISSIONERS FOR the ATCHAFALAYA BASIN LEVEE DISTRICT, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 9, 1961.

Certiorari Denied June 20, 1961.

Attorney(s) appearing for the Case

Charles H. Dameron, Baton Rouge, for defendant.

Davidson, Meaux, Onebane & Donohoe, by Lawrence E. Donohoe, Jr., Lafayette, for plaintiff.

Before TATE, FRUGE and CULPEPPER, JJ.

TATE, Judge.

This is a declaratory judgment action brought to determine the ownership of the mineral rights in certain lands located within the defendant Board's levee district. The defendant admits that the plaintiff ("Rycade") owns the surface of these lands, but contends that the transfer of title by it to Rycade's author in title did not become effective until after the enactment of Article IV, Section 2, of the Constitution of 1921, LSA, which prohibits the sale...

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