ACADIA HOLINESS ASS'N v. IMC CORP.

No. 92-639.

616 So.2d 855 (1993)

ACADIA HOLINESS ASSOCIATION, et al., Plaintiff-Appellant, v. IMC CORPORATION, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied June 25, 1993.


Attorney(s) appearing for the Case

Homer Edward Barousse Jr., Kim Reginald Hayes, Crowley, for Acadia Holiness Ass'n.

Patrick S. Ottinger, Lafayette, for Wintershall.

William Howard Collier, Lafayette, for Imcera Group and IMC Exploration.

Before GUIDRY, KNOLL and WOODARD, JJ.


WOODARD, Judge.

The issue is prescription. It turns on the classification of plaintiffs' claims for damages. If the claims arise from a breach of contract, a ten year prescriptive period applies. If the claim is due to an underpayment of royalties, a three (3) year prescriptive period applies.

The district court granted defendants' Motion for Partial Summary Judgment based on a finding that plaintiffs' claims were for recovery of royalties. It dismissed, with...

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