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FREY v. AMOCO PRODUCTION CO.

No. 90-3553.

951 F.2d 67 (1992)

Frederick J. FREY, et al., Plaintiffs-Appellants, v. AMOCO PRODUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 1992.

Attorney(s) appearing for the Case

David M. Ellison, Jr., Ellison & Smith, Frederick W. Ellis, Thomas C. McKowen, IV, Strain, Dennis, Ellis, Mayhall & Bates, Baton Rouge, La., for plaintiffs-appellants.

Frank J. Peragine, Christina H. Belew, Simon, Peragine, Smith & Redfearn, New Orleans, La., for defendant-appellee.

Before REAVLEY, KING and JONES, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion October 7, 1991, 5th Cir., 943 F.2d 578)

PER CURIAM:

In Frey v. Amoco Production Co., 943 F.2d 578 (5th Cir.1991) we decided, inter alia, that when a Louisiana mineral lease provides the lessor "royalty on gas sold by the Lessee of one-fifth ( 1/5 ) of the amount realized at the well from such sales," take-or-pay payments, received...

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