STINE v. MARATHON OIL CO.

Nos. 90-2570, 91-2220.

976 F.2d 254 (1992)

R.N. STINE d/b/a Patland Oil Company, Patricia W. Stine, Scott N. Stine, Susan M. Stine, Sherryl F. Stine, and Stacy E. Stine, Trustees, Plaintiffs-Appellees, Cross-Appellants, v. MARATHON OIL COMPANY, Individually and as Successor in Interest to Husky Oil Company, Defendant-Appellant, Cross-Appellee. R.N. STINE, etc., et al., Plaintiffs-Appellees, v. HUSKY OIL COMPANY, et al., Defendants, Marathon Oil Company, etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 30, 1992.


Attorney(s) appearing for the Case

Ben H. Schleider, Jr., David McDougald, Schleider & Bowers, Roger Townsend, Fulbright & Jaworski, Thomas Gibbs Gee, Baker & Botts, Houston, Tex., for Marathon Oil Co.

Everard A. Marseglia, Jr., JoAnn P. Russell, Butler & Binion, Houston, Tex., for amicus TMOGA.

Steven C. Oaks, Vickie Ainsworth, Charles A. Sharman, Campbell, Zukowski, Bresenhan & Woods, Arthur Val Perkins, Sandford, Kuhl & Perkins, Houston, Tex., for R.N. Stine, et al.

Before BRIGHT, JOLLY, and BARKSDALE, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This appeal arises from a diversity action concerning an oil patch joint operating agreement to which Texas law applies.

The Stines and Patland Oil Company ("Stine") and Marathon Oil Company (through its predecessor, Husky Oil Company)1 became co-owners of oil leases in Texas and entered into a Joint Operating Agreement ("JOA"), which governed their relationship. The JOA contained an exculpatory clause...

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