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FREY v. AMOCO PRODUCTION COMPANY

No. 90-3553.

976 F.2d 242 (1992)

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

United States Court of Appeals, Fifth Circuit.

October 15, 1992.

Attorney(s) appearing for the Case

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

Clyde Mote, Amoco Production Co., Law Dept., New Orleans, La., Jack Morton Wilhelm, Amoco Corp., Chicago, Ill., Frank J. Peragine, Christina H. Belew, 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.1991, 943 F.2d 578)

PER CURIAM:

We originally held that royalties were due on lessee's take-or-pay receipts under this lease. Frey v. Amoco Production Co., 943 F.2d 578 (5th Cir.1991). We then granted rehearing to certify to the Supreme Court of Louisiana that take-or-pay issue. 951 F.2d 67

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