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Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Anadarko Petroleum Corp. v. Williams Alaska Petroleum, Inc., 737 F.3d 966 (5th Cir. 2013) held that course of performance by the parties was part of a contract for the […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   El Paso Field Services, L.P. v. MasTec North America, Inc., 389 S.W.3d 802 (Tex. 2012, held that provisions in a pipeline construction contract allocating the risk of undiscovered foreign […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.  Heritage Resources, Inc. v. Nationsbank, 895, S.W.2d 833 (Tex. App.–El Paso 1995, writ requested) is a division order case holding that royalty owners were not bound by division orders allowing […]

Thursday, September 3rd, 2015
Richard F. Brown Fasken Land and Minerals, Ltd. v. Occidental Permian Ltd.,          S.W.3d                                                                                                                        , 2005 WL 1539260 (Tex. App.—El Paso 2005, pet. denied), addresses disputes involving a preferential right to purchase provision and a removal of operator provision. Occidental or its affiliates (“OXY”) were the operator and seller of a 75% interest in the MFU […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Potts v. Chesapeake Exploration, L.L.C.  held that the net-back method should be used to determine market value at the point of sale when there are no comparable sales at […]

Thursday, September 3rd, 2015
Richard F. Brown The following is not a legal opinion.  You should consult your attorney if the case may be of significance to you.   Warren v. Chesapeake Exploration, L.L.C.  held that the royalty clause of an oil and gas lease permitted deduction of post-production costs incurred by lessee in delivering marketable natural gas from […]

Thursday, September 3rd, 2015
Richard F. Brown   The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.  Heritage Resources, Inc., v. Nationsbank – S.W. 2d –, 1996 WL 200362 (April 25, 1996, motion for rehearing pending) is a very recent Texas Supreme Court opinion in a division […]