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HURD ENTERPRISES, LTD. v. BRUNI

No. 04-90-00330-CV.

828 S.W.2d 101 (1992)

HURD ENTERPRISES, LTD., Killam & Hurd, Ltd., & Killam and Hurd, Appellants, v. Fred M. BRUNI, Ernest M. Bruni & Ernesto Ramirez as Trustees of the Bruni Mineral Trust No. 2, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied April 14, 1992.

Attorney(s) appearing for the Case

Richard N. Hansen, Law Offices of Richard N. Hansen, Laredo, Bertrand C. Moser, Paul Herrmann, William Pannill, Pannill & Moser, Houston, Emilio Davila, Jr., Laredo, William C. Denton, Conoco, Inc., William M. Sutton, Exxon Co., U.S.A., Michael L. Homeyer, Amoco Corp., Everard A. Marseglia, Jr., Jo Ann P. Russell, Butler & Binion, Houston, for appellants.

Steve A. Whitworth, Donato Ramos, George J. Person, Person, Whitworth, Ramos, Borchers & Morales, Laredo, for appellees.

Before REEVES, C.J., and BUTTS and BIERY, JJ.

OPINION

BIERY, Justice.

This is an appeal from a jury verdict and judgment thereon in a suit to recover royalty on a take-or-pay settlement and damages for breach of an asserted duty of good faith and fair dealing. We reverse and render judgment that the appellees take nothing on their claims.

In 1974, the trustees of the Bruni Mineral Trust1 (Bruni) entered into an oil and gas lease with Killam & Hurd, Ltd.

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