United States Fifth Circuit

In an action claiming that defendant drilled three oil wells without obtaining plaintiff's permission, in alleged violation of an operating agreement between the parties, judgment for defendant is reversed where: 1) plaintiff's suit did not challenge an "operative fact" of the Louisiana Commissioner of Conservation's orders and thus was not a collateral attack on them; and 2) the district court's finding that there was no breach of contract was predicated on its finding that plaintiff was engaged in a collateral attack.

Appellate Information

• Decided 05/03/2010
• Published 05/03/2010

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before REAVLEY, CLEMENT, and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel