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MUSSER DAVIS LAND CO. v. UNION PACIFIC RESOURCES

No. 98-30673.

201 F.3d 561 (2000)

MUSSER DAVIS LAND CO., Plaintiff-Appellee, v. UNION PACIFIC RESOURCES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 21, 2000.

Attorney(s) appearing for the Case

John B. Scofield (argued), Scofield, Gerard, Veron, Singletary & Pohorelsky, Lake Charles, LA, Henry Oscar Lestage, III, Hall, Lestage & Landreneau, DeRidder, LA, for Plaintiff-Appellee.

Sidney Katherine Powell (argued), Powell & Associates, Dallas, TX, Deborah Ann Pearce-Reggio, River Ridge, LA, for Defendant-Appellant.

Randall C. Songy, Alison Marie Brumley, Onebane, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, for Louisiana Independent Oil & Gas Ass'n and Louisiana Mid-Continent Oil & Gas Ass'n Amicus Curiae.

Richard M. Perles, Gary Allen Lee, Lee, Futrell & Perles, New Orleans, LA, for American Petroleum Institute and International Ass'n of Geophysical Contractors, Amicus Curiae.

Before JONES, DeMOSS and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

In this diversity case, Union Pacific Resources (UPR) appeals from adverse declaratory relief granted to Musser Davis Land Company (Musser Davis) by the district court concerning the rights of each party under an oil and gas lease with respect to seismic exploration. The district court concluded that UPR, as assignee of a mineral lease with the exclusive right to enter upon and use the land of the lessor, Musser Davis, for the purpose of exploration...

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