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HEIRS OF VIATOR v. TRI-PARISH INVESTORS, LTD.

No. 92-814.

618 So.2d 36 (1993)

HEIRS OF Avery VIATOR, et al., Plaintiff-Appellee, v. TRI-PARISH INVESTORS, LTD., et al., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

May 5, 1993.

Attorney(s) appearing for the Case

William H. Mouton, Lafayette, for Heirs of Avery Viator.

Mark Barker Oliver, Charles Ray Minyard, Lafayette, for Tri-Parish Investors, Ltd. et al.

Jacques Joseph Cousin, Jr., New Iberia, for Heirs of Latina.

O'Neal Jones, Jr., New Iberia, for Curator for J.D. Hedley.

Dean Michael Wattigny, New Iberia, for Beldon Fox.

James O'Brien Salley, New Iberia, for Curator for Catsulis.

Michael David Lopresto, New Iberia, for Carto Int'l Trading.

Cameron B. Simmons, Jeanerette, for Robert E. Glasscock.

Before DOMENGEAUX, C.J., and GUIDRY and WOODARD, JJ.

WOODARD, Judge.

This appeal arises out of a suit for declaratory judgment in which plaintiffs seek a declaration that they are the owners of mineral servitudes encumbering land now owned by defendants. The issue on appeal is whether the mineral rights, which were reserved when the land was expropriated by the federal government, were subject to prescription of nonuse when the land subsequently returned to private ownership.

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