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AMERICAN LUNG ASS'N v. STATE

No. 93 CA 0686.

645 So.2d 1219 (1994)

The AMERICAN LUNG ASSOCIATION OF LOUISIANA, INC. v. STATE of Louisiana and State Mineral Board.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 12, 1994.

Attorney(s) appearing for the Case

Sidney L. Shushan, Guste, Barnett & Shushan, New Orleans, for plaintiff-appellee The American Lung Ass'n of Louisiana, Inc.

Richard P. Leyoub, Charles St. Dizier, Gary Keyser, E. Kay Kirkpatrick, Baton Rouge, for defendants-appellants State of La. and State Mineral Bd.

Before FOIL, PITCHER and PARRO, JJ.

PARRO, Judge.

A true mineral owner sought to recover, among other things, bonus payments received by the State of Louisiana and the State Mineral Board (collectively referred to as "the State") under leases of mineral rights eventually found not to belong to the State. The trial court awarded damages in favor of the true mineral owner in an amount equal to the bonuses received by the State under the State leases. The State appeals. This court reverses.

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