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BAILEY v. FRANKS PETROLEUM, INC.

No. 84 CA 0962.

479 So.2d 563 (1985)

James J. BAILEY, III, et al. v. FRANKS PETROLEUM, INC. and Scurlock Oil Company.

Court of Appeal of Louisiana, First Circuit.

November 19, 1985.

Attorney(s) appearing for the Case

John E. Coleman, Jr., John B. Noland, Breazeale, Sachse & Wilson, Baton Rouge, for plaintiffs.

Patrick S. Ottinger, Lafayette, Herschel M. Downs, Shreveport, for Franks Petroleum.

James P. Bodenheimer, Bodenheimer, Jones, Klotz & Simmons, Shreveport, for Scurlock Oil.

Before LOTTINGER, COLE and CRAIN, JJ.

CRAIN, Judge.

This suit involves an action for nonpayment of royalties due. The trial court made the following findings of fact which we adopt:

In 1970, Franks Petroleum Company (Franks) and plaintiffs entered into negotiations for the lease of certain property owned by petitioners. In April, 1970, Jack C. Caldwell, attorney for the plaintiff at the time, proposed the use of a lease form prepared by his law firm. This lease was eventually executed by the...

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