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DUPREE v. OIL, GAS & OTHER MINERALS

No. 31,869-CA.

731 So.2d 1067 (1999)

D.I. DUPREE, et al., Plaintiff-Appellant v. OIL, GAS & OTHER MINERALS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

May 5, 1999.

Attorney(s) appearing for the Case

Bethard & Bethard by James G. Bethard, Coushatta, Counsel for Plaintiff-Appellant.

Leon Rudloff, New Orleans, Counsel for Defendants-Appellees.

Hayden, Moore and Ryan by G. Scott Moore, Monroe, Counsel for the Watzek Family, Defendants-Appellees.

Watson, Murchison, Crews, Arthur & Corkern by Daniel T. Murchison, Sr., Jason Methvin, Natchitoches, Counsel for Rosemary Burns Upshaw, DefendantAppellee.

Before PEATROSS, KOSTELKA and DREW, JJ.

DREW, J.

The sole issue before the court in this matter is whether mineral servitude owners who executed mineral leases are liable to the surface owners for damages to the surface caused by their bankrupt lessee. Finding that La. R.S. 31:22 mandates this obligation, we reverse summary judgment and remand this case to the trial court.

FACTS

D.I. Dupree and Michael Simpson ("Landowners") own a tract of land consisting of 1,724 acres in Natchitoches...

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