GREATER BATON ROUGE PORT COMMISSION v. CARGILL, INC.

No. 49053.

214 So.2d 119 (1968)

252 La. 718

GREATER BATON ROUGE PORT COMMISSION v. CARGILL, INCORPORATED.

Supreme Court of Louisiana.

Dissenting Opinion August 9, 1968.

Rehearing Denied October 9, 1968.


Attorney(s) appearing for the Case

Taylor, Porter, Brooks, Fuller & Phillips, New Orleans, for defendant-relator.

George Mathews, R. Gordon Kean, Jr., of Sanders, Miller, Downing & Kean, Baton Rouge, for plaintiff-respondent.


McCALEB, Justice.

This is a suit for a declaratory judgment instituted by Greater Baton Rouge Port Commission seeking adjudication of certain alleged rights under a lease it granted to Cargill, Incorporated. On September 7, 1955 the Port Commission leased to Cargill land in West Baton Rouge Parish, including a grain elevator and wharf for a primary term of twenty years. The contract provides in the third clause or paragraph of Article 17:

"During the term...

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