Legal Opinion

Kuchenig v. California Company

District Court, E.D. Louisiana

Decided September 13, 1964No. Civ. A. 13495, Division BPublishedCited by 6 opinions

1Opinion of the Court

FRANK B. ELLIS, District Judge.

This is a diversity action 1 seeking an accounting and damages for an alleged trespass to proven mineral laden lands in Plaquemines Parish, Louisiana. At the very outset, and pursuant to Rule 12(b) (6), 2 the plaintiff is faced with a motion to dismiss for failure to state a claim upon which relief can be granted. The complaint alleges, and for purposes of this motion it is taken as true, 3 that plaintiff is the owner of the “Northeast Quarter of Section Thirty-Six, Township Eighteen South, Range Seventeen East, in the Southeastern Land District of Plaquemines…

2Cases cited25 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hans v. LouisianaSupreme Court of the United States · 1890
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  5. Kossick v. United Fruit Co.Supreme Court of the United States · 1961

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3Cited by6 opinions

  1. Dean v. Hercules IncorporatedSupreme Court of Louisiana · 1976
  2. Fred Kuchenig v. The California CompanyCourt of Appeals for the Fifth Circuit · 1965
  3. Jean Tardan and Roger Tardan v. Chevron Oil Company (The California Company Division) and State Mineral Board of the State of LouisianaCourt of Appeals for the Fifth Circuit · 1972
  4. Fred Kuchenig v. The California CompanyCourt of Appeals for the Fifth Circuit · 1969
  5. Tardan v. Chevron Oil Co.District Court, E.D. Louisiana · 1971

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