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McDONALD v. O'MEARA

No. 72-1205.

473 F.2d 799 (1973)

Albert J. McDONALD, Plaintiff-Appellee-Cross Appellant, v. Robert W. O'MEARA et al., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 27, 1973.

Certiorari Denied May 21, 1973.

Attorney(s) appearing for the Case

Murphy Moss, Charles C. Gremillion, New Orleans, La., for appellant.

Sidney W. Provensal, Jr., New Orleans, La., Victor A. Sachse, Baton Rouge, La., for appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES and CLARK, Circuit Judges.

Certiorari Denied May 21, 1973. See 93 S.Ct. 2293.

JOHN R. BROWN, Chief Judge:

The question in this case is whether a sublessee of a Louisiana oil, gas and minerals lease who has specifically undertaken to defend the title of the lessor-sublessor can during the pendency of the sublease make a trade-out with those holding the known competing titles thereby giving him substantial advantages without accounting fully to his principal-lessors. The District Judge...

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