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ELLENDER v. GOLDKING PRODUCTION CO.

No. 99CA0069.

775 So.2d 11 (2000)

Dr. Allen J. ELLENDER, Jr., et al. v. GOLDKING PRODUCTION COMPANY and Denovo Oil & Gas Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 15, 2000.

Writ Denied February 16, 2001.

Attorney(s) appearing for the Case

Virgil A. Lacy, III, Metairie, James M. Funderburk, Houma, Counsel for Plaintiffs/Appellants, Allen Ellender, et al.

Richard F. Zimmerman, Jr., Baton Rouge, Counsel for Defendant/Appellee, Olin Corp.

Matthew J. Randazzo, III, New Orleans, Counsel for Defendant/Appellee, Concise Oil & Gas.

Bruce Schewe, New Orleans, Counsel for Defendant/Appellee, G S Oil & Gas Co.

John Y. Pearce, New Orleans, Counsel for Defendant/Appellee, DeNovo Oil & Gas.

James M. White, III, New Orleans, T. Brooke Farnsworth, Houston, TX, Counsel for Defendant/Appellee, Austral Exploration.

Scott A. O'Connor, New Orleans, Counsel for Defendant/Appellee, Goldking Oil & Gas.

B. Richard Moore, Jr., New Orleans, Counsel for Defendant/Appellee, La. Intrastate Gas Co.

Before: LeBLANC and FOIL, JJ., and KLINE, J. Pro Tem.

LeBLANC, J.

The issues before us in this appeal are whether the lower court erred as a matter of law in applying the three year prescriptive period of La. C.C. art. 3494(5) and whether the defense of contra non valentem is available to plaintiffs to defeat defendants' plea of prescription.

FACTS AND PROCEDURAL HISTORY

The procedural history of this matter is lengthy and complex, involving eight supplemental and amending petitions by plaintiffs...

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