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COHORT ENER. v. CADDO-BOSSIER PARISHES PORT

No. 37,449-CA.

852 So.2d 1174 (2003)

COHORT ENERGY COMPANY, Plaintiff-in-Concursus-Appellee, v. CADDO-BOSSIER PARISHES PORT COMMISSION, The Cowley Corporation, Kathryn Nichols Cowley, Sheri Lynn Cowley Soulie, Susan A. Cowley Bantle, The Kathryn C. Turner Testamentary Trust, The Dorothy Colleen Cowley Trust and Dorothy Colleen Cowley, Defendant-Appellant; Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 20, 2003.

Attorney(s) appearing for the Case

Tutt, Stroud & Bordelon, LLC, by Charles G. Tutt, Jennifer P. McKay, Shreveport, for Appellant, Caddo-Bossier Parishes Port Commission.

Blanchard, Walker, O'Quin, & Roberts, by William Timothy Allen III, Paul M. Adkins, Shreveport, for Appellees, The Cowley Corporation, Argent Financial Group, Inc. and E.H. Turner, III, as Co-Trustees of The Kathryn C. Turner Testamentary Trust, Kathryn Nichols Cowley, Sheri Lynn Cowley Soulie, Susan A. Cowley Bantle, The Kathryn C. Turner Testamentary Trust, The Dorothy Colleen Cowley Trust and Dorothy Colleen Cowley LeBlanc.

Hargrove, Pesnell & Wyatt, by Paul A. Strickland, Shreveport, for Plaintiff-in-Concursus-Appellee, Cohort Energy Company.

Before STEWART, MOORE and TRAYLOR (Pro Tempore), JJ.

TRAYLOR, Judge Pro Tempore.

This appeal requires us to interpret Article IX, Section 4 of the Louisiana Constitution of 1974 ("1974 Constitution") and La. R.S. 31:149, two provisions in our law dealing with imprescriptible mineral interests. The Caddo-Bossier Parishes Port Commission ("Port Commission") appeals a summary judgment granted in favor of a group of private purchasers, defendants, known as ("the Cowleys"1), holding that

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