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State Courts -
Louisiana - April 19, 2006
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Pace Royalty Trust Fund, Inc. v. O'Neal, NO. 40,841-CA, NO. 40,842-CA (consolidated cases),
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: In a case alleging causes of action relating to the breach of a lease of an oil well, an exception of no cause of action under La. Code Civ. Proc. Ann. art. 681 was granted because an operator did not have an actual legal interest in the oil well, and the deficiency could not have been cured by an amendment under La. Code Civ. Proc. Ann. art. 934.
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Romero v. Garan's, Inc., 05-1297,
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT, April 19, 2006, Opinion Rendered
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Overview: Workers' compensation judge did not err in finding, pursuant to La. Rev. Stat. Ann. § 23:1031(A), that employee's back injury was causally related to her work-related accident and that she was entitled to treatment, including surgery, where the medical records showed that she had immediate onset of back pain that continued throughout her treatment.
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Roudakis v. City of Ruston, No. 40,952-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Challenge to Ruston, La., Mun. Code § 29-43(5) (1998) was properly dismissed based on a failure to serve the attorney general, as required by La. Code Civ. Proc. Ann. art. 1880, because the petition asserted a constitutional challenge under La. Const. art. 6, § 17 where it claimed that there were no objective standards for allowing a variance.
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Southern Treats, Inc. v. Titan Props., L.L.C., No. 40,873-CA,
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT, April 19, 2006, Judgment Rendered
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Overview: Court erred in finding a 2-year commercial lease based on lessor's credibility; based on the facts, the parties had an La. Civ. Code Ann. art. 2668 oral and written agreement for lease of build-to-suit for 5 years with 2 5-year options to renew and rent of $ 2,250 a month calculated in accordance with agreed upon formula of 12% of building costs.
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