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Supreme Court of Texas


Wagner & Brown, Ltd. v. Sheppard, 06-0845

In a suit over both proceeds and costs surrounding the formation and subsequent termination of a gas lease, summary judgment for lessor is reversed where: 1) the termination of the lease did not terminate lessor's participation in a unit pooling several tracts, because the pooling agreement covered "premises" and "lands" and not merely leased mineral interests; 2) remand was necessary to determine lessor's share of unit expenses; and 3) lessor was required to reimburse lessees for a share of drilling costs incurred during the term of the lease.

Appellate Information

  • Argued 12/05/2007
  • Decided 11/21/2008
  • Published 11/21/2008

Judges

  • Justice BRISTER delivered the opinion of the Court.

Court

  • Supreme Court of Texas

Counsel

  • For Appellant:
  • J. Gregory Copeland, Macey Reasoner Stokes, Baker & Botts, Houston, TX, Jerry S. Harris, Harbour Smith Harris & Merritt, Longview, TX, Julie Ann Walker, Miller Mentzer, P.C., Palmer, TX, for Petitioners., Michael E. McElroy, McElroy Sullivan & Miller, L.L.P., Pamela Stanton Baron, Austin, TX, for Amicus Curiae.

  • For Appellees:
  • Ronald O. Holman, Alan Edward Wright, Ben L. Mesches, Haynes & Boone, L.L.P., Dallas, TX, for Respondent.
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