Legal Opinion · Dissent

The Leiter Minerals, Inc. v. United States of America

Court of Appeals for the Fifth Circuit

Decided March 3, 1964No. 19963Published

1DissentGewin, Circuit Judge

After carefully considering the brilliant, clear and well-written opinion of the majority, I find myself more in agreement with the opinion of the District Court1 than with the majority opinion. Accordingly, I would adhere to the result and the conclusions reached by the District Court.

It appears to me that the majority opinion is not correct in holding that the mineral reservation provided for a contractual prescription for the conditional extinguishment of the mineral servitude which was rendered inoperative by the Louisiana statutes, which is to say, that there were conditions or a…

2Cases cited1 opinion

  1. United States v. Leiter Minerals, Inc.District Court, E.D. Louisiana · 1962

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