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CALLON INSTITUTIONAL ROYALTY INVESTORS I v. DAUPHIN ISLAND PROP. OWNERS ASS'N

89-523.

569 So.2d 343 (1990)

CALLON INSTITUTIONAL ROYALTY INVESTORS I, a Mississippi Limited Partnership v. DAUPHIN ISLAND PROPERTY OWNERS ASSOCIATION, INC.

Supreme Court of Alabama.

September 21, 1990.

Attorney(s) appearing for the Case

Conrad P. Armbrecht and Coleman F. Meador of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for appellant.

Barry Hess of Hess, Atchison & Horne, Mobile, for appellee.

KENNEDY, Justice.

Dauphin Island Property Owners Association, Inc. (the "Association"), filed a declaratory judgment action against Callon Institutional Royalty Investors I ("Callon"), a Mississippi limited partnership, to determine whether the Association or Callon owned disputed mineral royalty interests. Callon filed a counterclaim, seeking damages in the form of attorney fees and other litigation costs for the Association's alleged breach of its covenant of quiet...

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