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WHITEHALL OIL COMPANY v. BOAGNI

No. 2454.

217 So.2d 707 (1968)

WHITEHALL OIL COMPANY, Inc., Plaintiff and Appellant, v. Mrs. Marie Celeste Delaureal BOAGNI et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 10, 1969.

Writ Granted March 13, 1969.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Burke, Toler & Hopkins, by C. Manly Horton, Jr. and Charles Richard, Jr., New Orleans, for plaintiff-appellant.

Kantrow, Spaht, Weaver & Walter, by Carlos G. Spaht, Baton Rouge, Voorhies, Labbe, Fontenot, Leonard & McGlasson, by David S. Foster, Lafayette, Charles F. Boagni, III, Morgan J. Goudeau, III, Andrus & Pavy, by Alex L. Andrus, Jr., Opelousas, for defendants-appellees.

Before TATE, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

This case is consolidated for trial and appeal with Whitehall Oil Company, Inc. v. Heard et al., 217 So.2d 717, in which a separate decision is being rendered by us this date. The plaintiff seeks to recover from the defendants certain overpayments of gas royalties not due under the respective leases. From an adverse judgment in both cases, the plaintiff has appealed.

There is no dispute as to the facts...

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