Supreme Court of Louisiana, 1976

River Rouge Minerals, Inc. v. Energy Resources of Minn.

River Rouge Minerals, Inc. v. Energy Resources of Minn.
Supreme Court of Louisiana · Decided September 17, 1976 · Are, Calogero, Dixon, Granted, Marcus, Should
337 So. 2d 221 (Southern Reporter, Second Series)

River Rouge Minerals, Inc. v. Energy Resources of Minn.

Opinion of the Court

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.

Dissenting Opinion

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.

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