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AMOCO PRODUCTION CO. v. FIRST BAPTIST CHURCH OF PYOTE

No. 6748.

579 S.W.2d 280 (1979)

AMOCO PRODUCTION COMPANY, Appellant, v. The FIRST BAPTIST CHURCH OF PYOTE et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 4, 1979.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy, Laughlin & Browder, W. B. Browder, Jr., Richard E. Booth, Midland, for appellant.

Kerr, Fitz-Gerald & Kerr, Harris E. Kerr, Wm. Monroe Kerr, Midland, for appellees.

OPINION

OSBORN, Justice.

This case involves the issue of an implied covenant to market natural gas at fair market value under a lease which provides for a royalty based upon the amount realized from the sale of such gas. The trial Court awarded recovery for a sum based upon the price paid by other purchasers of gas from the same well. We affirm that part of the judgment, but reverse and render as to the part which...

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