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BASS PARTNERSHIP v. FORTMAYER

No. 2004-CA-1438.

899 So.2d 68 (2005)

BASS PARTNERSHIP and Bass Enterprises Production Co. v. Sharon Ann FORTMAYER, James Peter Quatroy and BankPlus.

Court of Appeal of Louisiana, Fourth Circuit.

March 9, 2005.

Attorney(s) appearing for the Case

G. Tim Alexander, III, Lafayette, LA, for Defendant/Appellee (BankPlus).

Mitchell J. Hoffman, Hilary Hurst Landry, Michael A. Tusa, Joseph E. Windmeyer, Jr., Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., New Orleans, LA, for Defendant/Appellant (James Peter Quatroy).

(Court composed of Judge PATRICIA RIVET MURRAY, Judge DENNIS R. BAGNERIS, Sr., Judge TERRI F. LOVE).

PATRICIA RIVET MURRAY, Judge.

This is a concursus proceeding brought pursuant to La. C.C.P. art. 4651 against three competing claimants for certain mineral royalties. The trial court granted a motion for partial summary judgment in favor of one of the claimants, BankPlus, against another claimant, James P. Quatroy. From that decision, Mr. Quatroy appeals. Finding the trial court granted summary judgment prematurely, we reverse...

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