United States Fifth Circuit

District court properly held that a lease for natural gas allows pooling and provides for payment of royalties on a pooled basis, but the decisions that plaintiff that cannot recapture its payments to defendant made on a non-pooled basis, and the denial of plaintiff's attorney's fees, are reversed.

Appellate Information

• Decided 04/29/2003
• Published 04/29/2003

Judges

• DENNIS, Circuit Judge., Before BENAVIDES and DENNIS, Circuit Judges, and WALTER , District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kerry Kilburn (argued), Kilburn, Jones, Gill & Campbell, Houston, TX, for HS Resources, Inc., Robert Keith Wade (argued), Law Offices of Robert Keith Wade, Beaumont, TX, for Wingate.