Terra Resources, Inc. v. Federated Energy Corp.

ON REMAND FROM THE SUPREME COURT

GARRISON, Judge.

The facts and history of this case are set forth in our earlier decision, Terra Resources, Inc. v. Federated Energy Corporation, 504 So.2d 604 (La.App.4th Cir. 1987). In that decision, we reversed the judgment of the trial court which maintained the exception of prematurity filed by the defendant, Federated Energy Corporation (“FEC”). We overruled that exception based upon our finding that the defendant had failed to carry its burden of proof because it offered no additional evidence at the hearing on remand as to the parties’ intentions and…