River Rouge Minerals, Inc. v. Energy Resources of Minn., 337 So. 2d 221 (La. 1976).

River Rouge Minerals, Inc. v. Energy Resources of Minn., 337 So. 2d 221 (La. 1976). Cases Citing This Book View Copy Cite

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RIVER ROUGE MINERALS, INC.
v.
ENERGY RESOURCES OF MINN.

No. 58247.

Supreme Court of Louisiana.

Sep 17, 1976.

337 So. 2d 221

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Are, Calogero, Dixon, Granted, Marcus, Should.

Published

Lead Opinion

In re: Energy Resources of Minn., Inc., Trans-Gulf Petroleum Corp. and David E. Burk, Sr. applying for certiorari, or writ of review, to the Court of Appeal, 331 So.2d 878, Second Circuit, Parish of DeSoto.

Writ refused. There is no error of law in the court of appeal opinion.

Dissent

DIXON, J.,

dissents from refusal, being . of the opinion that lignite is a “mineral” clearly included in the o. & g. lease and covered by the royalty clause: “On all other minerals or kindred products mined”, etc. Nevertheless, whether an o. & g. lease would permit stripmining is extremely doubtful, in the absence of provision specifically permitting it.

CALOGERO and MARCUS, JJ., are of the opinion the writ should be granted.