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KENNEDY v. KENNEDY

Nos. 96-C-0732, 96-C-0741.

699 So.2d 351 (1996)

Helena Babin KENNEDY v. James KENNEDY.

Supreme Court of Louisiana.

Opinion after Grant of Rehearing September 9, 1997.

Rehearing Denied October 10, 1997.

Attorney(s) appearing for the Case

Albert Moore Hand, Jr., Shreveport, Joseph William Fleming, Robert A. Hawthorne, Jr., Isaac M. Gregorie, Jr., Baton Rouge, for Applicant in No. 96-C-0732 and Respondent in No. 96-C-0741.

Tommy J. Adkins, Ruston, for Respondent in No. 96-C-0732 and Applicant in No. 96-C-0741.

Marion App French, Alexandria, for Louisiana Forestry Association, Amicus Curiae in No. 96-C-0732.

BLEICH, Justice.*

This case involves a conflict between the usufructuary and the naked owner of 143 acres of North Louisiana timberland. We are called upon to determine the nature and extent of the usufructuary's rights under LSA-C.C. art. 562 to harvest the timber from previously unexploited forest land. We hold that a usufructuary may not clear cut previously unfarmed timberlands, but may institute a program of periodic selective cutting...

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