McCOY v. RICHARDS

No. 84-2940.

771 F.2d 1108 (1985)

Vivian C. McCOY, Plaintiff-Appellee, v. Harry E. RICHARDS, Florence A. Richards, and Ashland Oil, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1985.


Attorney(s) appearing for the Case

Marc E. Hawley, Mt. Vernon, Ind. for plaintiff-appellee.

James E. Fields, Perdue & Fields, Evansville, Ind., for defendants-appellants.

Before CUMMINGS, Chief Judge, and EASTERBROOK, Circuit Judge, and PELL, Senior Circuit Judge.


PELL, Senior Circuit Judge.

This case requires us to interpret the Indiana Dormant Mineral Interests Act, commonly known as the Mineral Lapse Act. Ind.Code §§ 32-5-11-1 through 32-5-11-8 (1976). Specifically, we must resolve whether a lease of a mineral interest qualifies as a "use" of that interest under the Act and whether the Act should apply to appellants. The district court resolved both questions in the negative and held that appellants' interest had...

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