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FONTENOT v. TEXACO, INCORPORATED

No. 25609.

397 F.2d 275 (1968)

Percy FONTENOT, Appellant, v. TEXACO, INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

June 26, 1968.

Attorney(s) appearing for the Case

Donald Solieau, Mamou, La., for appellant.

Charles Bailey, Lafayette, La., Wiley G. Lastrapes, Daniel P. Hurley, New Orleans, La., Bailey & Mouton, Lafayette, La., for appellee.

Before AINSWORTH and SIMPSON, Circuit Judges, and SINGLETON, District Judge.

PER CURIAM:

In this Louisiana slander of title action appellant seeks cancellation of a mineral servitude of appellee, insofar as it affects appellant's property, on the ground that the servitude has been extinguished under Louisiana law for nonuse for a period of 10 years. See La.Rev.C.C. Articles 789 and 3546. The servitude was created on May 13, 1924, by the reservation thereof of the subsoil below the depth of 500 feet...

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