Legal Opinion
Elizabeth Diggs Edmundson, Edmundson Brothers Partnership, and Apex Enterprises, a Louisiana Partnership in Commendam v. Amoco Production Company
Court of Appeals for the Fifth Circuit
Decided February 15, 1991No. 90-3234PublishedCited by 6 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
The plaintiffs/appellants, owners of mineral interests in land leased to defendant/appellee, Amoco, originally brought this action against Amoco for alleged underpayment of royalty amounts. Amoco argued that the three-year prescription period allowed for such actions under Louisiana Civil Code article 3494 had expired and, therefore, filed a motion to dismiss the complaint. The appellants replied that the doctrine of contra non valentem had delayed the running of the prescription period and that they had filed their action within the delayed period. Treating Amoco’s…
2Cases cited12 opinions
- Corsey v. State, Through Dept. of CorrectionsSupreme Court of Louisiana · 1979
- Plaquemines Par. Com'n Council v. Delta Dev. Co.Supreme Court of Louisiana · 1987
- Griffin v. KinbergerSupreme Court of Louisiana · 1987
- Jordan v. Employee Transfer Corp.Supreme Court of Louisiana · 1987
- Whitnell v. MenvilleSupreme Court of Louisiana · 1989
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cagle v. LoydLouisiana Court of Appeal · 1993
- Frederick J. Frey v. Amoco Production CompanyCourt of Appeals for the Fifth Circuit · 1991
- Resolution Trust Corp. v. International InsuranceDistrict Court, E.D. Louisiana · 1991
- Anthony Griffin v. Amerada Petroleum CorporCourt of Appeals for the Fifth Circuit · 2017
- Frederick J. Frey v. Amoco Production CompanyCourt of Appeals for the Fifth Circuit · 1991
1 more not listed; retrieve them via the Exa API.