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ENERQUEST OIL AND GAS, LLC v. ASPRODITES

No. 2002 CA 0822.

843 So.2d 535 (2003)

ENERQUEST OIL AND GAS, LLC v. Honorable Philip N. ASPRODITES, Commissioner of Conservation and Assistant Secretary of Natural Resources of the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 13, 2003.

Attorney(s) appearing for the Case

John M. Shuey, Jr., Shreveport, Counsel for Plaintiff/Appellant EnerQuest Oil and Gas, LLC.

W. Stephen Walker, Baton Rouge, Counsel for Defendant/Appellee Honorable Philip N. Asprodites, Commissioner of Conservation and Assistant Secretary of the Department of Natural Resources, State of Louisiana.

David L. Smelley, Shreveport, Counsel for Defendant Will-Drill Production Co., Inc.

Before: KUHN, DOWNING and GAIDRY, JJ.

GAIDRY, J.

We are called upon in this appeal to determine the issue of whether the Louisiana Commissioner of Conservation (the Commissioner),1 who directs the Office of Conservation of the state Department of Natural Resources, has the inherent authority to remove a previously designated operator of a drilling or production unit and to designate a new operator in the exercise of its statutory mandate to prevent waste of the state's mineral...

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