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DAVIS OIL CO. v. MILLS

No. 87-4940.

873 F.2d 774 (1989)

DAVIS OIL COMPANY, et al., Plaintiffs-Appellants, v. William P. MILLS, III, et al., Defendants-Appellees. William P. MILLS, III, et al., Plaintiffs-Appellees, v. DAVIS OIL COMPANY, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 14, 1989.

Attorney(s) appearing for the Case

F. Henri Lapeyre, Jr., Matthew J. Randazzo, III, E. Burt Harris, New Orleans, La., for plaintiffs-appellants.

Kai David Midboe, Baton Rouge, La., for Guste.

Warren D. Rush, Lafayette, La., for Mills, Robertsons and Bridges.

Charles R. Minyard, Lafayette, La., for First Nat.

Before KING, JOHNSON and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 14, 1989.

KING, Circuit Judge:

I.

Plaintiff-appellant Davis Oil Company appeals from the judgment of the district court holding that the Due Process Clause of the fourteenth amendment does not require that a foreclosing mortgagee provide actual notice to a mineral lessee whose lease will, under Louisiana law, be extinguished by the seizure and sale of the subject property.

For the reasons set forth...

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