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JOHNSTON v. AMERICAN COMETRA, INC.

No. 3-90-249-CV.

837 S.W.2d 711 (1992)

Robert J. JOHNSTON, et al., Appellants, v. AMERICAN COMETRA, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 30, 1992.

Attorney(s) appearing for the Case

Darrell G. Lochte, Richard C. Mosty, Wallace, Mosty, Machann, Jackson & Williams, Kerrville, for appellants.

Charles G. King, Scott, Douglass & Luton, Houston, for appellee.

Before ABOUSSIE, JONES and B.A. SMITH, JJ.

ABOUSSIE, Justice.

Appellants, working-interest owners and non-operators of the Mertz # 1 gas well, appeal the summary judgment rendered against them in their suit against American Cometra, Inc., the former operator of the well, for failure to make a take-or-pay claim against Lone Star Gas Company, the purchaser of the gas produced from the well. We will affirm the summary judgment in part, but we must reverse a part of the summary judgment involving the important...

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