United States Fifth Circuit

In an action for breach of a joint operating agreement regarding an oil field, summary judgment for defendant is affirmed where: 1) case law was clear that "commencement of operations" for the drilling of a well occurs before the well is spudded; 2) defendant properly charged plaintiff for penalties from the date it commenced operations on the well until payout; and 3) plaintiff was estopped from claiming that the expenses incurred on the well before the ballot were not properly chargeable.

Appellate Information

• Decided 07/30/2010
• Published 08/02/2010

Judges

• W. Eugene Davis

Court

• United States Fifth Circuit

Counsel