Chevron USA, Inc. v. Vermilion Parish School Board

W. EUGENE DAVIS, Circuit Judge:

This case returns to us after the Louisiana Supreme Court denied certification, Chevron USA, Inc. v. Vermilion Parish School Board, 872 So.2d 533 (La.2004), of the following question which is the subject of this appeal:

Whether the notice given in this case by counsel for a lessor on behalf of the putative class satisfies the requirement of Articles 137-141 of the Louisiana Mineral Code, requiring the lessor to give written notice of the lessee’s failure to make timely or proper payment of royalties as a prerequisite to a judicial demand for damages or…