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TXO PRODUCTION v. ALLIANCE RESOURCES

No. 20281.

419 S.E.2d 870 (1992)

187 W.Va. 457

TXO PRODUCTION CORP., a Delaware Corporation Licensed to do Business in West Virginia, Appellant, v. ALLIANCE RESOURCES CORP., a Texas Corporation Licensed to do Business in West Virginia; Tug Fork Land Company, a West Virginia Corporation; George King, an Individual; and Grover C. Goode, an Individual, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 14, 1992.

Attorney(s) appearing for the Case

Timothy R. Miller, Charles R. McElwee, Robinson & McElwee, Charleston, for appellant.

G. David Brumfield, Wade T. Watson, David L. White, Sanders, Watson & White, Bluefield, for appellee.

NEELY, Justice:

In this case, TXO Production Corporation, a subsidiary of USX, knowingly and intentionally brought a frivolous declaratory judgment action against the appellees to clear a purported cloud on title. TXO's real intent, however, was to reduce the royalty payments under a 1,002.74 acre oil and gas lease. Appellees counterclaimed alleging that TXO's actions were a slander of appellees' title. TXO now appeals...

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