CHEVRON U.S.A., INC. v. LANDRY

No. CA 87 1459.

546 So.2d 858 (1989)

CHEVRON U.S.A., INC. v. Edmond J. LANDRY and Melanie Comeaux Landry, et al.

Court of Appeal of Louisiana, First Circuit.

June 20, 1989.


Attorney(s) appearing for the Case

Bernard H. McLaughlin, Jr., Stockwell, Sievert, Viccellio, Clements and Shaddock, Lake Charles, for plaintiff-appellee.

Robert S. Leake, Baton Rouge, for defendant-appellant Landry.

Michael E. Parks, New Roads, for defendant-appellee Chustz.

Before EDWARDS, WATKINS, SHORTESS, SAVOIE and ALFORD, JJ.


EDWARDS, Judge.

From an adverse ruling in the trial court, Landry claimants have appealed. Because we find clear error in assigning the burden of proof and the resolution on the facts presented, we reverse and remand for proceedings consistent with the reasons stated herein.

FACTS AND PROCEDURAL HISTORY

Chevron, U.S.A., Inc., filed a concursus proceeding under LSA-C.C.P. art. 3654 to determine the proper parties entitled to mineral royalties from...

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