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BARHAM v. ST. MARY LAND & EXPLORATION CO.

No. 48,603-CA.

129 So.3d 705 (2013)

Fannie Clyde BARHAM and Gary Barham, Plaintiff-Appellants v. ST. MARY LAND & EXPLORATION CO. and Cypress Operating, Inc., Defendant-Appellees.

Court of Appeal of Louisiana, Second Circuit.

November 20, 2013.

Attorney(s) appearing for the Case

Ayres, Warren, Shelton & Williams, L.L.C., Shreveport, by J. Todd Benson , for Appellants.

Blanchard, Walker, O'Quin & Roberts, by William Timothy Allen , Paul M. Adkins , Shreveport, for Appellees Cypress Operating Company and St. Mary Land and Exploration Company.

Bradley, Murchison Kelly & Shea, LLC, by Frank John Reeks, Jr. , Sarah Anne Kirkpatrick , Katherine Smith Baker , Shreveport, for Appellee El Paso E & P Company, LP.

Before BROWN, MOORE and LOLLEY, JJ.

MOORE, J.

The plaintiff, Gary Barham, appeals a judgment rejecting his claim for a declaration that a mineral lease executed in 1966 ("the 1966 lease") by his parents, Mavis and Fannie Barham, had lapsed and that a subsequent mineral lease ("the 1990 lease") was a novation, and for a judgment enforcing (or canceling) the 1990 lease, with unpaid royalties, statutory penalties and attorney fees. For the reasons expressed, we affirm.

Factual Background

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