NL INDUSTRIES, INC. v. GHR ENERGY CORP.

No. 90-2235.

940 F.2d 957 (1991)

NL INDUSTRIES, INC., Plaintiff-Appellant, v. GHR ENERGY CORPORATION, Southern States Exploration, Inc., and S.A. Holditch & Associates, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 10, 1991.


Attorney(s) appearing for the Case

Jack G. Carnegie, Emil T. Bayko, Michael M. Gibson, Holtzman & Urquhart, Houston, Tex., for plaintiff-appellant.

Jesse R. Pierce, Warren W. Harris, David S. Ross, Porter & Clements, Houston, Tex., for S.A. Holditch.

J. Kyle McClain, Houston, Tex., John C. Nabors, Liddell Sapp Zivley Hill & LaBoon, Dallas, Tex., for GHR Energy Corp., Southern States Exploration, Inc. and Transamerican Natural Gas Corp.

Before THORNBERRY, JOLLY, and SMITH, Circuit Judges.


THORNBERRY, Circuit Judge:

This court withdraws its earlier opinion reported at 934 F.2d 580, and substitutes the following opinion.

In 1983, GHR Energy Corporation and Southern States Exploration, Inc. (collectively referred to hereinafter as "GHR") filed voluntary petitions for reorganization under Chapter 11 of the Bankruptcy Code. As part of GHR's reorganization, NL Industries, Inc. ("NL") agreed to service ten of GHR's gas wells in an attempt to increase...

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