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MECOM v. MOBIL OIL CORPORATION

No. 4544.

299 So.2d 380 (1974)

Mary Elizabeth MECOM, wife of/and John W. Mecom, Plaintiffs and Appellants, v. MOBIL OIL CORPORATION et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 4, 1974.

Writ Refused November 8, 1974.

Attorney(s) appearing for the Case

Camp, Carmouche, Palmer, Carwile, & Barsh, by A. J. Gray, III, Lake Charles, for plaintiffs-appellants.

Gordon, Arata and McCollam, by John McCollam, New Orleans, and J. B. Jones, of Jones and Jones, Cameron, Scofield, Bergstedt & Gerard, by John B. Scofield, Lake Charles, Anderson, Leithead, Scott, Boudreau & Savoy, by Richard L. Savoy, Lake Charles, for defendant-appellee.

Before FRUGE, HOOD and DOMENGEAUX, JJ.

DOMENGEAUX, Judge.

This is an action brought by certain landowners to partially cancel a mineral lease for alleged failure to timely make production royalty payments. Defendants filed a number of exceptions, including vagueness, non-joinder of necessary parties, no cause of action, and prematurity. They also filed a motion for summary judgment. The District Court sustained defendants' motion for summary judgment as well as the dilatory exception of prematurity but...

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