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TEXAS GAS EXPLORATION CORP. v. BRIAN INVEST., LTD.

No. 88 CA 0613.

544 So.2d 67 (1989)

TEXAS GAS EXPLORATION CORPORATION v. BRIAN INVESTMENTS, LTD., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 23, 1989.

Attorney(s) appearing for the Case

Kim Gregory Mayhall, Sr. Charles St. Diezier, Baton Rouge, for plaintiff Texas Gas Exploration Corp.

Morton Katz, New Orleans, for Numa Martinez, et al.

James Derbes, New Orleans, for Ida Muller, et al.

George Blue, Sr., Metairie, for Brian Investments.

George Blue, Sr., Metairie, Fernando Cuquet, Jr., New Orleans, for Brian Investments.

Joseph Henican, III, New Orleans, for C. Ellis Henican, D.S. Realty, Elizabeth Henican.

Darryl Landwehr, New Orleans, for Conrad Franz.

J. Gibson Tucker, Jr., New Orleans, for Ruthrthal Inc., Sam J. Recile, Trustee for the S & S Trust No. 1.

Steven W. Usdin, New Orleans, for James G. Anthony.

John Keller, Lafayette, for Gerald Keller, Joan Keller Emile Toups, Mary Toups and James McCann.

William Moss, Houston, Tex., J. David Forsyth, New Orleans, for Ogeechee River Investments.

George Scariano, Metairie, for Priscilla Donaldson and Donald Mueller.

Moise Steeg, Jr., New Orleans, for Dr. J. Ralph Meier, Dr. Francis Patton, Edwin Hartzman, Kermit Roux, Jr., W. David D. Laureal.

Before WATKINS, CRAIN and ALFORD, JJ.

CRAIN, Judge.

This is a concursus proceeding instituted by Texas Gas Exploration Corporation, the mineral lessee, in which Texas Gas seeks to have the court determine the rights of the named defendants to shut-in gas royalty payments.

By credit sale dated October 1, 1976, and recorded on October 5, 1976, Champion Realty Corporation (Champion) sold to Brian Investments, LTD. (Brian) approximately 32,000 acres of land located in the parishes of Livingston, St...

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