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TEMPLE-INLAND FOREST PRODUCTS CORP. v. U.S.

No. 92-4394.

988 F.2d 1418 (1993)

TEMPLE-INLAND FOREST PRODUCTS CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1993.

Attorney(s) appearing for the Case

Bob Wortham, U.S. Atty., O. Kenneth Dodd, Asst. U.S. Atty., Beaumont, TX, Jeffrey Krishkowy, Katherine W. Hazard, Robert L. Klarquist, Michael Reed, Appellate Section, Env. & Nat. Resources Div., Dept. of Justice, Washington, DC, for defendant-appellant.

Gilbert I. Low, Stanley Plettman, Orgain, Bell & Tucker, Beaumont, TX, for plaintiff-appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case turns on the construction of a 58-year-old deed under Texas law. In 1935, Temple-Inland's predecessor sold land in East Texas to the United States, reserving the mineral rights. This reservation was to expire in 1985, subject to extension on limited areas around commercial production. Temple's right to retain tracts that have become inactive since 1985 is now disputed. The district court granted summary judgment in...

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