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MAGNOLIA COAL TERMINAL v. PHILLIPS OIL CO.

No. 88-CA-0642.

561 So.2d 732 (1990)

MAGNOLIA COAL TERMINAL v. PHILLIPS OIL COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 19, 1990.

Attorney(s) appearing for the Case

James J. Coleman, Sr., Henry Lazarus, Charles B. Johnson, Peggy Wallace, Coleman, Dutrey & Thomson, New Orleans, and Allan Kanner, Allan Kanner and Associates, Philadelphia, Pa., for plaintiff-appellee/appellant, Magnolia Coal Terminal.

William G. Paul, John F. Williford, Phillips Petroleum Co., Bartlesville, Okl., Kenneth E. Rogers, David M. Whitney, Phillips Petroleum Co., Houston, Tex., and Charles D. Marshall, Jr., David N. Schell, Jr., Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, for defendant-appellant, Phillips Petroleum Co.

Chevron, U.S.A. Inc., Douglas A. Molony, CNG Producing Co., Malcolm Johns, Louisiana Land & Exploration Co., Frederick J. Plaeger, III, New Orleans, Sonat Exploration Co., Philip C. Wrangle, Houston, Tex., Texaco Inc., Shirley C. Friend, John D. Fitzmorris, Jr., Liskow & Lewis, J. Berry St. John, Jr., William Craig Wyman, New Orleans, Liskow & Lewis, Robert T. Jorden, Charles B. Griffis, Lafayette, and George C. Gibson, New Orleans, amicus curiae.

Before SCHOTT, C.J., and LOBRANO and PLOTKIN, JJ.

SCHOTT, Chief Judge.

This suit, filed in September, 1985, arises out of an oil well blowout which occurred on September 29, 1964. Plaintiff, Magnolia Coal Terminal, acquired the property, exclusive of mineral rights, on December 23, 1981. Plaintiff subsequently became convinced that the well was leaking despite attempts to plug the well by the successors to the company which originally drilled the allegedly leaking well in 1960. The defendant, Phillips Petroleum Company...

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