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FROST LUMBER INDUSTRIES v. REPUBLIC PRODUCTION CO.

No. 9438.

112 F.2d 462 (1940)

FROST LUMBER INDUSTRIES, Inc., v. REPUBLIC PRODUCTION CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1940.

Attorney(s) appearing for the Case

Elmo P. Lee, of Shreveport, La., for appellant.

Alden T. Shotwell, of Monroe, La., and T. J. Arnold, of Houston, Texas, for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was, in effect, to recover one-half the minerals other than gas on six non-contiguous blocks of land, A, B, C, D, E and F,1 in Union and Ouachita Parishes, free from the servitude which had been created in favor of Federal Petroleum Company, defendant's predecessor in title. The claim stated generally was that by the operation of the prescription, liberandi causa of ten years' non-use, the servitude as...

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