ALLAIN-LEBRETON CO. v. EXXON CORP.

No. 95 CA 1576.

694 So.2d 296 (1996)

ALLAIN-LEBRETON COMPANY v. EXXON CORPORATION, et al.

Court of Appeal of Louisiana, First Circuit.

April 4, 1996.


Attorney(s) appearing for the Case

Robert L. Cabes, Lafayette, for Plaintiff/Appellant Allain-LeBreton Company.

Louise V. White, William Courtney, New Orleans, for Defendant/Appellee Exxon Corporation.

Christopher J. Boudreaux, Thibodaux, for Defendants/Appellees Margaret Robichaux Baudoin, Myra Robichaux Blanchard, Mary Robichaux Boudreaux, David J. Robichaux, Jr., and Mary Weimer Robichaux.

Loulan J. Pitre, Jr., Cut Off, for Defendant/Appellee Taylor Energy Company.

David A. Kerstein, New Orleans, for Defendants/Appellees Monte C. Shalett, Individually and as Trustee for the Monte Cresap Shalett Trust.

David W. Rusch, Mandeville, for Defendants/Appellees Flash Gas and Oil Northeast, Inc., and Ashlawn Corporation.

Barry H. Grodsky, New Orleans, for Defendant/Appellee Jacqueline McPherson as Executrix of Joy B. Shalett.

W.C. Hollier, Lafayette, for Defendants/Appellees Russell M. Frankel, Individually and as Trustee of the Sherry Gwynne Frankel Louisiana Testamentary Trust, and Sherry Frankel Greenwald, et al.

C.G. Norwood, Jr., New Orleans, for Defendants/ Appellees Dorothy Pecot Norwood, Richard C. Pecot, and Marguerite Pecot Singleton.

William S. Strain, Baton Rouge, for Defendants/Appellees Estate of Wylmer I. Pool Through Wylmer Crenshaw Pool as Executor, and First National Bank of Commerce as Trustee of the Wylmer Crenshaw Pool Trust #3.

Herbert W. Christenberry, Metairie, for Defendant/Appellee Ashlawn Corporation.

Before CARTER and PITCHER, JJ., and CRAIN, J. Pro Tem.


CARTER, Judge.

This is an appeal from a trial court judgment on a motion for summary judgment.

BACKGROUND

On January 15, 1948, the Lafourche Land Company, Incorporated granted an oil, gas, and mineral lease (the "Lease"), covering approximately 3,323 acres of property in the Clovelly Field, Lafourche Parish, Louisiana, to Wylmer I. Pool. By act, dated May 6, 1963, Shell Oil Company, Humble Oil & Refining Company, and J.R. Frankel, then...

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