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ENERGY DEVELOPMENT v. QUALITY ENVIR.

No. 98-CA-1125.

734 So.2d 965 (1999)

ENERGY DEVELOPMENT CORPORATION v. QUALITY ENVIRONMENTAL PROCESSES, INC., Michael State of Louisiana X. St. Martin, and Virginia Rayne St. Martin.

Court of Appeal of Louisiana, Fifth Circuit.

May 19, 1999.

Attorney(s) appearing for the Case

James A. Barton, III David R. Richardson, John F. Whitney, New Orleans, Louisiana and Cornelius E. Regan, New Orleans, Louisiana, Attorneys for Plaintiff/Appellant.

A. J. Gray, III, Lake Charles, Louisiana and John M. Mamoulides, Metairie, Louisiana, Attorneys for Defendants/Appellees.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., SOL GOTHARD and THOMAS F. DALEY.

DALEY, Judge.

Plaintiff, Energy Development Corporation (EDC), appeals a Summary Judgment granted in favor of defendants, Quality Environmental Processes, Inc., Michael X. St. Martin and Virginia Rayne St. Martin (the St. Martin Group), which held that the mineral servitudes claimed by plaintiff had prescribed by ten years non use. We vacate the grant of Summary Judgment and remand for the reasons below.

The St....

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