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RIVER ROUGE MIN., INC. v. ENERGY RESOURCES OF MINN.

No. 12879.

331 So.2d 878 (1976)

RIVER ROUGE MINERALS, INC., Plaintiff-Appellee, v. ENERGY RESOURCES OF MINNESOTA et al., Defendants-Appellants, and Wortley F. Scheller and Sara Cale Samuels, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 24, 1976.

Attorney(s) appearing for the Case

Gamble & Sledge, by Jack R. Gamble, Jr., Mansfield, Gremillion & Williams, Baton Rouge, by L. Todd Gremillion, Houston, Tex., and Brian L. Williams, Baton Rouge, Vance R. Andrus, Lafayette, and Paul B. Saltzman, Minneapolis, Minn., for defendants-appellants.

Wilkinson, Carmody & Peatross, by Arthur R. Carmody, Jr., Shreveport, Colvin, Hunter, Brown & Plummer by Charles C. Hunter and D. Scott Brown, Mansfield, for appellees.

Before BOLIN, MARVIN and SMITH, JJ.

En Banc. Rehearing Denied May 24, 1976.

SMITH, Judge.

In this declaratory action we determine whether an oil, gas and mineral lease1 of common usage in Louisiana grants to a lessee thereunder the privilege of strip mining lignite coal. The lower court decided the oil, gas and mineral lease does not grant strip mining privileges. Defendants claiming under the lease appeal. We affirm.

In 1971, the defendant landowner executed...

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