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SOWELL v. NATURAL GAS PIPELINE CO.

No. 85-1141.

789 F.2d 1151 (1986)

Anne Windfohr SOWELL, et al., Plaintiffs-Appellees, Cross-Appellants, v. NATURAL GAS PIPELINE COMPANY OF AMERICA, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 23, 1986.

Attorney(s) appearing for the Case

Calvin, Dylewski, Gibbs, et al, Dennis M. Dylewski, John L. Verner, Mark A. Bukaty, Houston, Tex., Jerome Mrowca, Lombard, Ill., for defendant-appellant, cross-appellee.

Kelly, Appleman, Hart & Hallman, Robert C. Grable, Dee J. Kelly, Wesley N. Harris, Ft. Worth, Tex., for plaintiffs-appellees, cross-appellants.

Before GEE, RUBIN and DAVIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 23, 1986.

GEE, Circuit Judge:

Natural Gas Pipeline Co. of America ("Natural") appeals from a district court order holding that royalty payments due plaintiffs, Anne Windfohr Sowell and the trustees of the Mary Couts Burnett Trust, must be based on the average market price paid for all gas in six Texas counties. Natural further complains that the district court erred in terminating one of its leases with plaintiffs...

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