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SCHUTTEN v. SHELL OIL COMPANY

No. 27117.

421 F.2d 869 (1970)

Ferdinand Henry SCHUTTEN et al., Plaintiffs-Appellants, v. SHELL OIL COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 30, 1970.

Attorney(s) appearing for the Case

M. Aubrey McCleary, Jr., James S. Holliday, Jr., Baton Rouge, La., McCollister, Belcher, McCleary & Fazio, Baton Rouge, La., for plaintiffs-appellants.

George C. Schoenberger, Jr., Alvin B. Gibson, Winfred G. Boriack, Attys., New Orleans, La., for defendant-appellee.

Before WISDOM, GOLDBERG and CARSWELL, Circuit Judges.

CARSWELL, Circuit Judge:

Appellants filed suit in the District Court seeking to evict the appellee, Shell Oil Company, and seeking an accounting for the removal of oil, gas, and other minerals from land in Plaquemines Parish, Louisiana. Appellants, who are not in possession, claim ownership of the land and demand an accounting from Shell because of its failure to deal with appellants in removing the minerals.

Appellee filed a Motion to Dismiss on the ground...

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