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MIXON v. ONE NEWCO, INC.

No. 88-8301.

863 F.2d 846 (1989)

R.B. MIXON, Plaintiff-Appellee, v. ONE NEWCO, INC. (Now General Chemical Corporation), a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 17, 1989.

Attorney(s) appearing for the Case

G.L. Dickens, Jr., Dickens & Burns, PC, Milledgeville, Ga., for defendant-appellant.

James C. Marshall, Mercer Law School, Macon, Ga., Joseph A. Boone, Boone, Scott & Boone, Irwinton, Ga., for plaintiff-appellee.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and HENDERSON, Senior Circuit Judge.

HENDERSON, Senior Circuit Judge:

This is an appeal from the judgment of the United States District Court for the Middle District of Georgia granting mineral rights to the surface owner of a tract of land under the authority of OCGA § 44-5-168. The essential facts of this case are undisputed. On March 28, 1964, the appellee, R.B. Mixon, conveyed by recorded instrument all mineral rights on a certain parcel of land in Wilkinson County, Georgia, to Allied Chemical...

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