U.S. Court of Appeals for the Fifth Circuit, 1959

Phillips Petroleum Company v. Polycarp L. Broussard

U.S. Court of Appeals for the Fifth Circuit · Decided April 15, 1959 · Rives, Tuttle, Cameron

265 F.2d 221; 10 Oil & Gas Rep. 512; 1959 U.S. App. LEXIS 5199 (Federal Reporter, Second Series)

Counsel

Charles F. Bailey, Lafayette, La., Martin J. Weil, Los Angeles, Cal., James N. Erwin, Jr., Houston, Tex., Bailey & Mouton, Lafayette, La., for appellants., J. E. Kibbe, Abbeville, La., James J. Davidson, Jr., Lawrence E. Donohoe, Jr., and Davidson, Meaux, Onebane & Donohoe, Lafayette, La., for appellee.

Cases that cite this one

4 later published cases cite this decision.

Questar Exploration & Production Co. v. Woodard Villa, Inc. (La. Ct. App. 2013)
Massie v. Inexco Oil Co. (District Court, W.D. Louisiana 1985)
Pope v. City of Atlanta (United States District Court for the Northern District of Georgia 1976)
Butler v. Bazemore (District Court, W.D. Louisiana 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Appellee Broussard, as plaintiff below, brought this action in a state court for the cancellation of an oil, gas and mineral lease as to part of the land covered thereby (29.526 acres). Appellants, Phillips Petroleum Company and others, defendants below, removed the case to the United States District Court which granted appellee’s motion for a judgment on the pleadings. Appellants attack this judgment on four grounds, which are the identical grounds upon which they relied in the lower court.

The judge in the trial below, reciting that “both sides candidly concede that there is no factual dispute,” wrote a careful and exhaustive opinion 1 dealing with each of the legal propositions relied upon on this appeal. A reading of the record and briefs convinces us that the case was fully presented by the pleadings, that the language of the crucial “Pugh Clause” (160 F.Supp. 907) is clear and unambiguous, that the case was correctly decided and that the opinion of the trial judge accurately and adequately deals with all of the points relied upon here. For the reasons and upon the considerations set out in said opinion (and cf. Mattison v. Trotti, 5 Cir., 1959, 262 F.2d 339) the judgment is

Affirmed.

. Broussard v. Phillips Petroleum Co., D.C.1958, 160 F.Supp. 905.

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