Legal Opinion · Dissent

Mississippi River Fuel Corp. v. Cocreham

Court of Appeals for the Fifth Circuit

Decided January 8, 1968No. Nos. 23402, 23403Published

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

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. James v. Dravo Contracting Co.Supreme Court of the United States · 1937
  3. Kohl v. United StatesSupreme Court of the United States · 1876
  4. Paul v. United StatesSupreme Court of the United States · 1963
  5. Frost-Johnson Lumber Co. v. Salling's HeirsSupreme Court of Louisiana · 1922

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