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ALVORD v. SUN OIL COMPANY

No. 11974.

271 So.2d 561 (1972)

Horace H. ALVORD, III, Plaintiff-Appellee, v. SUN OIL COMPANY et al., Defendants-Appellants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 9, 1973.

Concurring Opinion January 15, 1973.

Writ Refused March 1, 1973.

Attorney(s) appearing for the Case

Oliver & Wilson by C. McVea Oliver, Monroe, Shuey, Smith & Carlton by John M. Shuey, Shreveport, for defendants-appellants-appellees.

Bethard & Bethard by Henry W. Bethard, III, Coushatta, for plaintiff-appellee.

Before BOLIN, PRICE and HALL, JJ.

En Banc. Rehearing Denied January 9, 1973.

BOLIN, Judge.

Plaintiff instituted this action to cancel a series of three oil, gas and mineral leases for failure to pay royalty for the production of oil from land under which he owns a mineral interest. Coupled with this action was a demand for payment of fees to an attorney employed by plaintiff to prosecute the suit. The lower court first sustained a plea of prematurity upon a finding that all leases in question...

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