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JUSTISS OIL CO. v. LOUISIANA MINERAL BD.

Nos. 45,212-CA, 45,253-CA.

34 So.3d 507 (2010)

JUSTISS OIL COMPANY, INC., Plaintiff-Appellee, v. LOUISIANA STATE MINERAL BOARD, OF The STATE OF LOUISIANA, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 14, 2010.

Attorney(s) appearing for the Case

James D. "Buddy" Caldwell, Attorney General, Irys L. Allgood, Ryan M. Seidemann, Assistant Attorneys General, for Defendant-Appellant, State of Louisiana, State of Louisiana Dept. of Natural Resources and State Mineral Board of the State of Louisiana.

Department of Wildlife & Fisheries by Frederick C. Whitrock, Baton Rouge, for Defendants-Appellants, State of Louisiana Dept. of Wildlife & Fisheries and Wildlife & Fisheries Commission of State of State of Louisiana.

Donald R. Wilson, R. Joseph Wilson, New Orleans, for Plaintiff-Appellee, Justiss Oil Co., Inc.

Blanchard, Walker, O'Quin & Roberts by Wm. Timothy Allen, III, Stacey D. Williams, Shreveport, for Defendant-Appellee, Wilson Production 16 LLC.

Before WILLIAMS, STEWART and MOORE, JJ.

STEWART, J.

In this concursus action to determine entitlement to the proceeds from a producing gas well in DeSoto Parish, the trial court granted summary judgment in favor of the plaintiff, Justiss Oil Company, Inc., ("Justiss"), recognizing it as the owner of one-half of the mineral rights attendant to property referred to herein as "Lot 5." The defendants, Wilson Production 16, L.L.C., along with the Louisiana State Mineral Board, the Louisiana Wildlife and Fisheries...

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