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SANTA FE ENERGY CO. v. BAXTER

No. B14-88-827-CV.

783 S.W.2d 643 (1989)

SANTA FE ENERGY COMPANY, and Kirby Forest Industries, Inc., Appellants, v. Murphy H. BAXTER, John L. Cox, Pioneer Production Corporation, and Wing Corporation, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 25, 1989.

Attorney(s) appearing for the Case

Berry D. Bowen, Paul E. Harris, Steven B. Harris, Houston, for appellants.

Harper Estes, Elizabeth M. Marsh, Steven C. Kiser, Midland, for appellees.

Before MURPHY, ROBERTSON and SEARS, JJ.

OPINION

ROBERTSON, Justice.

This is a declaratory judgment case. The sole issue on appeal is whether a tax shifting clause in an oil and gas lease places the burden on the lessee to pay all taxes levied under the Windfall Profit Tax Act of 1980. Appellants, Santa Fe Energy Company and Kirby Forest Industries, Inc. ("Santa Fe") are the lessors. Appellees, Murphy H. Baxter, John L. Cox, Pioneer Production Corporation and Wing Corporation ("Baxter") are the...

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