admin, Author at Brown & Fortunato

001 Mbank Abilene, N.A. v. Westwood Energy, Inc.

CASE OF THE MONTH Richard F. Brown This month we begin a new feature of our newsletter in which we will bring you a brief summary of a recent case which may have widespread significance for our readers. This month’s case is: MBank Abilene, N.A. v. Westwood Energy, Inc., _ S.W.2d _ (Tex. […] More...

016 Williams v. Baker Explor. Co.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Williams v. Baker Exploration Co., 767 S.W.2d 193 (Tex. App.–Waco 1989, writ den. 9/6/89), is another division order case which appears to limit the protection accorded to the lessee […] More...

020 Fuller v. Phillips Petroleum Co.

CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Fuller v. Phillips Petroleum Co., 872 F.2d 655 (5th Cir. 1989), concerned the obligation of the operator, under the terms of the operating agreement, to notify nonoperators […] More...

036 Texstar North America, Inc. v. Ladd Petroleum Corp.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Texstar North America. Inc. v. Ladd Petroleum Corporation, 809 S.W.2d 672 (Tex. App.– Corpus Christi 1991, writ den.), addresses whether working interest owners in a well have a […] More...

046 Stine v. Marathon Oil Company

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Stine v. Husky Oil Company, F.2d (5th Cir. 1992 Nos. 90-2570 and 91-2220,) construes the effect of the exculpatory language in the JOA which reads: [Operator] shall conduct […] More...

047 Enduro Oil Company v. Parish & Ellison

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Enduro Oil Company v. Parish & Ellison, 834 S.W.2d 547 (Tex. App.–Houston [14th Dist.] 1992, writ den.), concerns the priority of the joint operating agreement (JOA) lien and […] More...

053 Johnston v. American Cometra, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Johnston v. American Cometra, Inc., 837 S.W.2d 711 (Tex. App.–Austin 1992, writ den.), concerns the operator’s liability to nonoperators for failure to pursue take-or-pay claims against the gas […] More...

062 Atlantic Richfield Co. v. Long Trusts

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Atlantic Richfield Co. v. Long Trusts, 860 S.W.2d 439 (Tex. App.–Texarkana 1993, writ denied), considers the duty of the operator under a joint operating agreement to market the […] More...

081 Imco Oil & Gas Co. v. Mitchell Energy Corp.

CASE NOTE Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Imco Oil & Gas Co. v. Mitchell Energy Corp., 911 S.W.2d 916 (Tex. Civ. App.–Fort Worth, 1995, no writ), involves multiple operating agreements on the same tract […] More...

104 Holloway v. Atlantic Richfield Co.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Holloway v. Atlantic Richfield Co., 970 S.W.2d 641 (Tex. App.—Tyler 1998, no writ), reviews the duties owed by the operator to the nonoperator when the operator undertakes to market […] More...