HUMBLE EXPLORATION v. AMCAP PETROL. ASSOC.

No. 05-82-00604-CV.

658 S.W.2d 860 (1983)

HUMBLE EXPLORATION CO., Appellant, v. AMCAP PETROLEUM ASSOCIATES-1977, Amcap Petroleum Associates-1978, Amcap Petroleum Associates-1978B, Fayette Oil Company, American Falcon Oil Company, American Hawk Oil Company, Fairway Land Company and American Eagle Oil Company, and Penn Exploration, Ltd., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 25, 1983.


Attorney(s) appearing for the Case

Charles F. Guittard, Guittard & Hyden, Dallas, for appellant.

Natalie S. Taylor, Akin, Gump, Strauss, Hauer & Feld, Michael V. Powell, Rain, Harrell, Emery, Young & Doke, Dallas, for appellee.

Before STOREY, WHITHAM and ROWE, JJ.


ROWE, Justice.

This is a summary judgment case. Appellees, as Non-operators, brought suit against appellant, Humble, for a declaratory judgment construing in ten prospect agreements, tax provisions affecting the "payout" date for vesting of Humble's twenty-five percent reversionary "back-in" interest. The trial court, finding the applicable provisions unambiguous, held as a matter of law that under the agreements "the tax imposed by the Crude Oil Windfall Profit Tax...

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