SCHWARTZ v. PRAIRIE PRODUCING CO. INC.

No. 01-91-00491-CV.

833 S.W.2d 629 (1992)

Robert R. SCHWARTZ, Laura Ann Schwartz Franks, Charles W. Schwartz, and the Estate of Dorothy P. Schwartz, Deceased, Appellants, v. PRAIRIE PRODUCING COMPANY, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

On Denial of Rehearing August 20, 1992.

Rehearing Denied October 1, 1992.


Attorney(s) appearing for the Case

Robert R. Schwartz, Tyler, Don A. Weitinger, Houston, for appellant.

Carroll Martin, Steve Selby and Charles G. King, Scott, Douglass & Luton, Houston, for appellee.

Before SAM BASS, COHEN and DUNN, JJ.


OPINION

SAM BASS, Justice.

This appeal is from an instructed verdict construing oil, gas, and mineral leases. We reverse and remand for a new trial.

Appellants, the Schwartzes, own mineral interests in two tracts of land on which they executed eight leases that were assigned to appellee, Prairie Producing Company, Inc. Prairie pooled the tracts into two separate gas units that include three producing gas wells. Each well produces sour gas, which...

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