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MACRO OIL CO., INC. v. DEEP SOUTH PETROLEUM

No. 12-1242.

112 So.3d 1004 (2013)

MACRO OIL COMPANY, INC., et al. v. DEEP SOUTH PETROLEUM, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

April 10, 2013.

Attorney(s) appearing for the Case

Steven Gerald Durio , Travis J. Broussard , Durio, McGoffin, Stagg & Ackermann, Lafayette, LA, for Defendants/Appellants, Deep South Petroleum, Inc., Charles A. Fuselier, Jr.

Charles W. Dupuis , Joel Paul Babineaux , Olivia Smith Regard , Babineaux, Poche, Anthony, Lafayette, LA, for Plaintiffs/Appellees, Macro Oil Company, Inc., William H. McElligott, Richard G. McElligott.

Court composed of JOHN D. SAUNDERS, BILLY HOWARD EZELL, and SHANNON J. GREMILLION, Judges.

SAUNDERS, Judge.

This is a case where a dispute arose between two oil companies who had formed, and then sold, a separate entity with each comprising one-half of that formed entity. The plaintiff oil company's group sought a declaratory judgment that all claims against it could no longer be pursued for its alleged violations of a covenant not to compete that was part of newly formed entity's operating agreement.

The trial court granted the plaintiff oil company...

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