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BARTON v. GIFFORD-HILL & CO., INC.

Civ. A. No. 88-2629.

760 F.Supp. 95 (1991)

Edwin L. BARTON, Sr. and Alice Faye Hanks Barton v. GIFFORD-HILL & COMPANY, INC.

United States District Court, W.D. Louisiana, Alexandria Division.

January 16, 1991.

Attorney(s) appearing for the Case

Dorwan G. Vizzier, Broussard, Bolton, Halcomb & Vizzier, Alexandria, La., for plaintiffs.

Ledoux R. Provosty Jr., Provosty, Sadler & Delaunay, Alexandria, La., Adams & Reese, Paul O. Dicharry, New Orleans, La., and Warren E. Byrd, II, Baton Rouge, La., for defendant.

Tudor & Savoie, Herman M. Savoie, Jr., Alexandria, La., for Empire Const. Co., Inc. and Harleton K. Stanley.

RULING

LITTLE, District Judge.

Plaintiffs Edwin L. Barton and Alice F. Hanks are suing defendant Gifford-Hill & Co., Inc. for breach of contract. Plaintiffs leased a parcel of land in Rapides Parish, Louisiana to defendant, who was to mine it for sand and gravel and pay royalties to plaintiffs for all minerals removed and sold. Plaintiffs claim this contract was breached in two ways. First, plaintiffs allege that defendant had a duty to restore partially...

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