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KUCHENIG v. CALIFORNIA COMPANY

Civ. A. No. 13495.

233 F.Supp. 389 (1964)

Fred KUCHENIG v. The CALIFORNIA COMPANY.

United States District Court E. D. Louisiana, New Orleans Division.

September 13, 1964.

Attorney(s) appearing for the Case

E. Ross Buckley, of Deynoodt, delaVergne, Meyers & Buckley, and C. Ellis Henican, of Henican, James & Cleveland, New Orleans, La., for plaintiff.

John M. McCollam and L. K. Benson, of Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., for defendant.

Civ. A. No. 13495, Division B.

FRANK B. ELLIS, District Judge.

This is a diversity action1 seeking an accounting and damages for an alleged trespass to proven mineral laden lands in Plaquemines Parish, Louisiana. At the very outset, and pursuant to Rule 12(b) (6),2 the plaintiff is faced with a motion to dismiss for failure to state a claim upon which relief can be granted. The complaint alleges, and...

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