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GARDNER v. BOAGNI

No. 1940.

197 So.2d 671 (1967)

Mrs. Susan Boagni GARDNER, Plaintiff-Appellant, v. Vincent BOAGNI, Jr., et al., Defendants-Appellees, and Mrs. Alice Boagni Heard et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 12, 1967.

Writ Granted June 9, 1967.

Attorney(s) appearing for the Case

Andrus & Pavy, by Alex L. Andrus, Jr., Morgan J. Goudeau, III, Opelousas, for plaintiffs-appellants-appellees.

Voorhies, Labbe, Fontenot, Leonard & McGlasson, by Bennett J. Voorhies, Lafayette, Pavy & Boudreaux, by A. V. Pavy, Opelousas, Kantrow, Spaht, Weaver & Walter, by Carlos G. Spaht, Baton Rouge, for defendants-appellees-appellants.

Lewis & Lewis, by Seth Lewis, Jr., Charles F. Boagni, III, of Boagni & Boagni, Opelousas, Liskow & Lewis, by William M. Hall, Jr., Lafayette, for plaintiffs-appellees.

En Banc.

TATE, Judge.

This is a suit for a declaratory judgment. The plaintiff sues to obtain an interpretation of a reservation of royalty in an act of partition between co-owners. The issues are identical to those in a concursus proceeding consolidated with this case for trial and for appeal and decided by us this date. Whitehall Oil Company, Inc. v. Eckart, 197 So.2d 664.

For the reasons assigned in the companion suit cited, we...

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