Mississippi River Fuel Corp. v. Cocreham
Court of Appeals for the Fifth Circuit
1DissentRives, Circuit Judge
Upon further consideration, I am convinced that the Legislature of the State of Louisiana has never given “consent” for the acquisition by the United States of the oil and gas underlying the Barks-dale Air Force Base or of the right to reduce that oil and gas to possession free from the State’s severance tax.
Only by “consent” of the State could the federal government acquire ownership of the gas and oil or the unfettered right to reduce them to possession. Without the State’s consent, the United States has power to purchase or condemn the land for public use. Kohl, et al. v. United States,…
2Cases cited8 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- James v. Dravo Contracting Co.Supreme Court of the United States · 1937
- Kohl v. United StatesSupreme Court of the United States · 1876
- Paul v. United StatesSupreme Court of the United States · 1963
- Frost-Johnson Lumber Co. v. Salling's HeirsSupreme Court of Louisiana · 1922
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