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RUTHERFORD v. EXXON CO., U.S.A.

No. 87-2789.

855 F.2d 1141 (1988)

Ivey Hugh RUTHERFORD, et al., Plaintiffs-Appellants, v. EXXON COMPANY, U.S.A., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 3, 1988.

Attorney(s) appearing for the Case

Erich W. Merrill, Memphis, Tenn., for plaintiffs-appellants.

Fulbright & Jaworski, David J. Beck, A. Frank Koury, Robert A. Burgoyne, J. B. Ruhl, Houston, Tex., for Exxon Co., U.S.A.

Michael W. Lattimore, Houston, Tex., for Amoco Production Co.

Donald Carroll, Tyler, Tex., for Fair Oil Co. and Herbert H. Fair.

Earl Sharp, Tyler & Fredonia, Longview, Tex., for Key Production Co.

F. Lee Lawrence, Tyler, Tex., for Bracken Oil Co.

William M. Huffman, Margaret I. Lyle, Marshall, Tex., for Dorothy Manziel, d/b/a Manziel Interests.

Jerry W. Ashby, Constance M. Walker, Houston, Tex., for Conoco, Inc.

Before CLARK, Chief Judge, GOLDBERG, and JONES, Circuit Judges.

GOLDBERG, Circuit Judge:

Oil is a fugacious mineral. Should one seek it without vigilance and determination, it easily evades recovery, and may slip away from the prospecting sophisticate and the neophyte alike. Oil lies at the core of this case. It also offers lessons that flow to the periphery of our decision.

This diversity action comes to us from the Eastern District of Texas. It concerns unitized oil production, royalty interests and fraud claims. Most...

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