BAILEY v. SHELL WESTERN E & P, INC.

Civil Action No. H-05-1029.

555 F.Supp.2d 767 (2008)

Gerald O. BAILEY, et al., Plaintiffs, v. SHELL WESTERN E & P, INC., et al., Defendants.

United States District Court, S.D. Texas.

April 22, 2008.


Attorney(s) appearing for the Case

Robert Bryan Perry, Attorney at Law, Donovan Campbell, Jr., Rader & Campbell PC, Dallas, TX, for Plaintiffs.

Andrew McCollam, III, Phillip B. Dye, Jr., Vinson & Elkins, Jennifer Heather Davidow, Vinson and Elkins LLP, Robert W. Ohnesorge, Harrison Bettis et al, Houston, TX, Brian Scott Engel, McGinnis Lochridge et al, Austin, TX, Jason A. Dunn, Kent Sullivan, Matthew J. Salzman, Stinson Morrison et al, Kansas City, MO, for Defendants.


Opinion on Summary Judgment

LYNN N. HUGHES, District Judge.

1. Introduction.

Three plaintiffs accuse oil companies of purposefully miscalculating royalty payments to their detriment. Though they sue under a wide variety of poorly defined legal theories, the case is essentially a contract dispute. The plaintiffs signed the contract, and it is clear about the parties' rights and duties. The method used by the oil companies to calculate royalty...

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