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EDMUNDSON v. AMOCO PRODUCTION CO.

No. 90-3234.

924 F.2d 79 (1991)

Elizabeth Diggs EDMUNDSON, Edmundson Brothers Partnership, and Apex Enterprises, A Louisiana Partnership in Commendam, Plaintiffs-Appellants, v. AMOCO PRODUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 15, 1991.

Attorney(s) appearing for the Case

Bruce S. Kingsdorf, Carl W. Cleveland, Cleveland, Barrios, Kingsdorf & Casteix, New Orleans, La., for plaintiffs-appellants.

Frank J. Peragine, Thomas R. Blum, Charles C. Coffee, Simon, Peragine, Smith & Redfearn, New Orleans, La., for defendant-appellee.

Before CLARK, Chief Judge, THORNBERRY, and HIGGINBOTHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

The plaintiffs/appellants, owners of mineral interests in land leased to defendant/appellee, Amoco, originally brought this action against Amoco for alleged underpayment of royalty amounts. Amoco argued that the three-year prescription period allowed for such actions under Louisiana Civil Code article 3494 had expired and, therefore, filed a motion to dismiss the complaint. The appellants replied that the doctrine of contra non valentem...

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