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SEMO, INC. v. BD. OF COM'RS FOR ATCHAFALAYA BASIN

No. 2007 CA 2571.

993 So.2d 222 (2008)

SEMO, INC. v. BOARD OF COMMISSIONERS FOR the ATCHAFALAYA BASIN LEVEE DISTRICT and Board of Commissioners for the South Lafourche Levee District.

Court of Appeal of Louisiana, First Circuit.

June 6, 2008.

Attorney(s) appearing for the Case

Joseph B. Dupont, Jr., Plaquemine, LA, for Defendant/Appellant, Board of Commissioners for the Atchafalaya Basin Levee District.

Kent A. Lambert, New Orleans, LA, for Plaintiff/Appellee, SEMO, Inc.

Ray A. Collins, Larose, LA, for Defendant/Appellee, Board of Commissioners for the South Lafourche Levee District.

Charles F. Perry, Baton Rouge, LA, for Defendant/Appellee, State of Louisiana.

Before CARTER, C.J., PETTIGREW and WELCH, JJ.

CARTER, C.J.

This is a concursus proceeding brought by SEMO, Inc., involving royalties owed under a mineral lease executed in 1989 by the Board of Commissioners for the Atchafalaya Basin Levee District ("Atchafalaya") and SEMO. The trial court determined that due to particular legislation, the mineral royalties were owed to the South Lafourche Levee District ("South Lafourche"). Atchafalaya now appeals.

FACTS AND PROCEDURAL HISTORY

Atchafalaya was...

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