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DAVIS OIL CO. v. TS, INC.

No. 97-30408.

145 F.3d 305 (1998)

DAVIS OIL COMPANY, Plaintiff-Appellant, v. TS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 26, 1998.

Attorney(s) appearing for the Case

Etienne C. Lapeyre, F. Henri Lapeyre, Jr., Lapeyre & Lapeyre, New Orleans, LA, for Plaintiff-Appellant.

Blake G. Arata, Marcy V. Massengale, Gordon, Arata, McCollam & Duplantis, New Orleans, LA, for Defendant-Appellee.

Before JONES and SMITH, Circuit Judges, and SHAW, District Judge.

JERRY E. SMITH, Circuit Judge:

Davis Oil Company ("Davis Oil") brought this Louisiana diversity suit seeking recovery of cleanup costs for an abandoned oil lease. Finding error, we reverse and render judgment for the plaintiff.

I.

A.

The State of Louisiana granted Davis Oil an oil and gas lease for a certain portion of state land in 1976. State Lease 7027 contains a covenant by Davis Oil to clean and cap the area at the expiration of the...

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