Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Anadarko Petroleum Corp. v. Williams Alaska Petroleum, Inc., 737 F.3d 966 (5th Cir. 2013) held that course of performance by the parties was part of a contract for the […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of some significance to you. Southwestern Gas Pipeline, Inc. v. Scaling, 870 s.W.2d 180 (Tex. App.–Fort Worth 1994, writ den.), considers the meaning of an “unprofitability” clause in a gas contract. Under the take- […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 39 Tex. Sup. Ct. J. 496 (April 18, 1996) considers whether “85% of Seller’s delivery capacity” is a term sufficiently definite for […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Northern Natural Gas Company v. Conoco, Inc., 939 S.W.2d 676 (Tex. App. – El Paso 1996, writ granted), construes a natural gas transportation and processing agreement as to the intent […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Northern Natural Gas Company v. Conoco, Inc., 986 S.W.2d 603 (Tex. 1998), construes a natural gas transportation and processing agreement as to the intent behind the dedication of reserves and […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. French v. Occidental Permian Ltd. held that royalty owners were required to share in the cost of removal of carbon dioxide (“CO2”) from casinghead gas re-injected for secondary recovery […]
Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Diamond Shamrock Exploration v. Hodel, 853 F.2d 1159 (5th Cir. 1988), holds that no royalty is due on take-or-pay payments unless and until gas is actually produced and taken. Gas […]