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HORIZON RESOURCES, INC. v. PUTNAM

No. 13-96-478-CV.

976 S.W.2d 268 (1998)

HORIZON RESOURCES, INC., Horizon Exploration Company, A Division Of Horizon Resources, Inc., North Central Oil Corporation And Cxy Energy, Inc., Appellants, v. Sunni L. PUTNAM, Individually and as Successor Trustee to Larry W. Putnam, Trustee, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled October 1, 1998.

Attorney(s) appearing for the Case

James J. Ormiston, Looper, Reed, Mark & McGraw, M. Steve Smith, Houston, Ken D. Lipscombe, Wharton, for appellants.

Larry E. Wadler, Wharton, Michael R. Wadler, Houston, for appellee.

Before SEERDE, C.J., and YAEZ and CHAVEZ, JJ.

OPINION

SEERDEN, Chief Justice.

Sunni Putnam, individually and as successor trustee to Larry Putnam, (hereinafter "Putnam") filed suit against Horizon Exploration Co., Horizon Resources, Inc., CXY Energy, Inc., and North Central Oil Corp., appellants, for royalties owed under an oil and gas lease. The trial court, finding that the overriding royalty was not subject to a proportionate reduction clause, granted Putnam's motion for summary judgment. We reverse...

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