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LUCKY v. ENCANA OIL & GAS (USA), INC.

No. 45,413-CA.

46 So.3d 731 (2010)

Frederick M. LUCKY and Lucky-Moore Farm Trust, Plaintiffs-Appellants v. ENCANA OIL & GAS (USA), INC. and Fite Oil & Gas, Inc., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 11, 2010.

Attorney(s) appearing for the Case

Downer, Huguet & Wilhite, L.L.C., Shreveport, LA, by Philip E. Downer, III , M. Amy Buford McCartney , for Appellants.

Cook, Yancey, King & Galloway, Shreveport, LA, by Herschel E. Richard, Jr. , for Appellee EnCana Oil & Gas John T. Kalmbach (USA), Inc.

Bradley, Murchison, Kelly & Shea, L.L.C., Shreveport, LA, by Joseph L. Shea , Katherine Y. Smith , for Appellee Fite Oil & Gas, Inc.

Before WILLIAMS, DREW and LOLLEY, JJ.

LOLLEY, J.

In this appeal, plaintiffs, Frederick Lucky and Lucky-Moore Farm Trust (collectively "Lucky"), appeal the judgment of the 26th Judicial District Court, Parish of Bossier, State of Louisiana, which sustained the dilatory exception of prematurity filed by Fite Oil & Gas, Inc. ("Fite"). Lucky's claims against Fite were dismissed without prejudice. For the following reasons, we affirm the trial court's judgment.

FACTS

Lucky owns immovable...

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