United States Fifth Circuit

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Rathborne Land Co. v. Ascent Engy., Inc., 09-30499

In an action for breach of defendant's obligations to reasonably develop and explore a leased parcel of oil, gas, and mineral land, judgment for plaintiff is affirmed in part where: 1) plaintiff's letter to defendant met the La. Rev. Stat. Ann. section 31:136 demand requirement; and 2) district court did not clearly err in concluding that plaintiff would have been able to lease the disputed acreage more than once if it had been able to seismically survey the parcel prior to 2006. However, the judgment is vacated in part where neither the district court nor plaintiff could show an adequate ground -- indeed, any relevant precedent -- for awarding consequential damages for lost leasing and seismic revenues on the entire parcel.

Appellate Information

  • Decided 06/25/2010
  • Published 06/25/2010


  • EMILIO M. GARZA, Circuit Judge:, Before SMITH, GARZA, and CLEMENT, Circuit Judges.


  • United States Fifth Circuit