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LEITER MINERALS, INC. v. UNITED STATES

No. 19963.

329 F.2d 85 (1964)

The LEITER MINERALS, INC., Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 3, 1964.

Attorney(s) appearing for the Case

S. W. Plauche, Jr., Lake Charles, La., Tucker, Martin, Holder, Jeter & Jackson, John H. Tucker, Jr., H. M. Holder, Shreveport, La., Plauche & Plauche, Lake Charles, La., for The Leiter Minerals, Inc., defendant-appellant.

Eugene D. Saunders, New Orleans, La., H. M. Holder, Shreveport, La., Milling, Saal, Saunders, Benson & Woodward, Charles D. Marshall, New Orleans, La., for The California Co. and individual appellees.

Kathleen Ruddell, Asst. U. S. Atty., New Orleans, La., Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., C. D. Marshall, Louis C. LaCour, U. S. Atty., New Orleans, La., for appellees.

Before RIVES and GEWIN, Circuit Judges, and SHEEHY, District Judge.

RIVES, Circuit Judge.

The question presented is the right to mine and remove oil, gas, and other minerals from about 8711 acres of land in Plaquemines Parish, Louisiana, a right worth many millions of dollars. The mineral right was established in a deed dated December 21, 1938 from Thomas Leiter conveying the lands to the United States, and reserving the right to the minerals as follows:

"The Vendor reserves from this sale the right to mine and remove, or...

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