CONTINENTAL GROUP, INC. v. ALLISON

No. 13961.

379 So.2d 1117 (1979)

The CONTINENTAL GROUP, INC., Plaintiff-Appellee, v. J. L. ALLISON, Jr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 29, 1980.


Attorney(s) appearing for the Case

Wiener, Weiss, Madison & Howell by John M. Madison, Jr., James F. Howell and James R. Madison, Shreveport, for defendants-appellants, J. L. Allison, Jr., et al.

Wilkinson, Carmody & Peatross by W. Scott Wilkinson, Shreveport, for defendant-appellant, W. Scott Wilkinson.

W. T. Pegues, Mansfield, Curator ad Hoc for absent defendants-appellants.

Blanchard, Walker, O'Quin & Roberts by Robert Roberts, III, Joseph W. Milner and Randall S. Davidson, Shreveport, Wright, James, Hogg & Bleich by Howard W. Wright, Jr., Ruston, Colvin, Hunter, Brown, Plummer & Means by D. Scott Brown, Mansfield, for plaintiff-appellee.

Before PRICE, MARVIN and JONES, JJ.


En Banc. Rehearing Denied February 29, 1980.

MARVIN, Judge.

In this appeal of a declaratory judgment, we reverse the trial court and hold that under the peculiar circumstances of this case, a reservation of all mineral rights made in a sale of more than 90,000 acres in 1956 is to be construed as including solid minerals and as allowing defendants, who are successors in title to the reserving vendor, to strip-mine deposits of lignite coal under the lands...

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