Davis Oil Company v. William P. Mills, Iii, William P. Mills, III v. Davis Oil Company

KING, Circuit Judge:

I

Plaintiff-appellant Davis Oil Company appeals from the judgment of the district court holding that the Due Process Clause of the fourteenth amendment does not require that a foreclosing mortgagee provide actual notice to a mineral lessee whose lease will, under Louisiana law, be extinguished by the seizure and sale of the subject property.

For the reasons set forth below, we affirm the judgment of the district court.

A. Facts

The underlying facts of this case are largely undisputed and were found by the district court as follows.

In August of 1977, Kenneth Upton (“Upton”)…