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PORTER v. SMITH

No. 6858.

368 So.2d 1148 (1979)

Virgil PORTER, Plaintiff-Appellant, v. Doyle SMITH, d/b/a D. S. Engine & Welding Service, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 7, 1979.

Attorney(s) appearing for the Case

Reeves & Owens, Jack F. Owens, Jr., Harrisonburg, for plaintiff-appellant.

Rankin & Yeldell, Stephen J. Katz, Bastrop, for defendant-appellee.

Before CULPEPPER, FORET and DOUCET, JJ.

DOUCET, Judge.

Plaintiff-lessor in this case petitioned the trial court for damages concomitant to a decree that the lease granted to the defendant permitting exploration for and removal of gravel on his property had been breached and was void. The trial court found the defendant had complied with all terms of the lease and accordingly, dismissed plaintiff's suit. From that judgment plaintiff appeals.

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