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VERMILION PARISH SCHOOL v. CONOCOPHILLIPS

No. CA 11-999.

83 So.3d 1234 (2012)

VERMILION PARISH SCHOOL BOARD v. CONOCOPHILLIPS COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

February 1, 2012.

Attorney(s) appearing for the Case

Scott R. Bickford , Regina O. Matthews , Martzell & Bickford, New Orleans, LA, David L. Landry , Pensacola, FL, for Plaintiff/Appellant, Vermilion Parish School Board.

Lawrence Paul Simon, Jr. , Liskow & Lewis, Lafayette, LA, for Defendants/Appellees, Union Oil Company of California, The Pure Oil Corp.

Daria B. Diaz , Keith B. Hall , Stone, Pigman, Walther, Wittmann, New Orleans, LA, for Defendant/Appellee, ConocoPhillips Company.

Court composed of OSWALD A. DECUIR, BILLY HOWARD EZELL, and JAMES T. GENOVESE, Judges.

EZELL, Judge.

These consolidated cases present the res nova issue of whether an action by the Vermilion Parish School Board (VPSB) for underpayment of royalties, on its behalf and on behalf of the State, is subject to the three-year prescriptive period found in La. Civ.Code art. 3494. The VPSB argues that the leases at issue cover Section 16 lands which are state-owned properties not subject to the three-year prescriptive period. La.Civ.Code art. 3494(5). All three...

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