Legal Opinion

Albert J. McDonald Plaintiff-Appellee-Cross v. Robert W. O'meara, Defendants-Appellants-Cross

Court of Appeals for the Fifth Circuit

Decided May 21, 1973No. 72-1205PublishedCited by 5 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

The question in this case is whether a sublessee of a Louisiana oil, gas and minerals lease who has specifically undertaken to defend the title of the lessor-sublessor can during the pendency of the sublease make a trade-out with those holding the known competing titles thereby giving him substantial advantages without accounting fully to his principal-lessors. The District Judge in this diversity suit held in the negative. We affirm.

How It All Came About

The Wisner group claimed ownership to Lot No. 3. They granted an oil, gas and mineral lease to McDonald on a %…

2Cases cited18 opinions

  1. Williams v. MarionneauxSupreme Court of Louisiana · 1960
  2. Raymond Alfred Beaudine v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  3. California Company v. PriceSupreme Court of Louisiana · 1958
  4. Standard Oil Company of Texas and Pasotex Pipe Line Company v. United StatesCourt of Appeals for the Fifth Circuit · 1962
  5. Mansfield Hardwood Lumber Company v. Hattie A. JohnsonCourt of Appeals for the Fifth Circuit · 1959

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3Cited by5 opinions

  1. Barnett v. DevelleSupreme Court of Louisiana · 1974
  2. ODECO Oil & Gas Co. v. NunezLouisiana Court of Appeal · 1988
  3. C & B Sales & Service, Inc. v. McDonaldCourt of Appeals for the Fifth Circuit · 1996
  4. Rochow v. Life Insurance Co. of North AmericaDistrict Court, E.D. Michigan · 2012
  5. City of Slidell v. BurkeDistrict Court, E.D. Louisiana · 1986

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