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SHELL OFFSHORE v. KIRBY EXPLORATION

No. 89-3462.

909 F.2d 811 (1990)

SHELL OFFSHORE, INC., Plaintiff-Appellee, Cross-Appellant, v. KIRBY EXPLORATION CO. OF TEXAS, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1990.

Attorney(s) appearing for the Case

George Frazier, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, La., for defendants-appellants cross-appellees.

Judith Y. Robertson, John T. McMahon, Charles M. Raymond, New Orleans, La., for plaintiff-appellee cross-appellant.

Before WISDOM, POLITZ, and JOHNSON, Circuit Judges.

WISDOM, Circuit Judge:

This case involves the applicability of the Louisiana law of predial servitudes to a fixed drilling platform on the outer Continental Shelf (OCS) in the Gulf of Mexico and the Louisiana law of obligations to the contract between the parties to this action. We agree with the district court that in this case the Louisiana law of predial servitudes is inapplicable — although we reach our result...

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