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WILLIAMSON v. ELF AQUITAINE, INC.

No. 96-60837.

138 F.3d 546 (1998)

Ralph E. WILLIAMSON, and his wife Daphine Williamson, Leslie Williamson, Judy Williamson Dunaway, Bonnie Williamson Morris, James Williamson, Ralph E. Thomas, Sammy L. Smith, S.E. Smith, Robert Sidney Dobbs, Jr., Flora R. Dobbs, Bobby G. Smith, Marion P. Smith, and Grace M. Smith, all residents of Lowndes County, Mississippi, Plaintiffs-Appellees, v. ELF AQUITAINE, INC., a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 1, 1998.

Attorney(s) appearing for the Case

Daniel C. Hughes, Lafayette, LA, for Plaintiffs-Appellees.

Otis Johnson, Jr., Gene Dickerson Berry, Heidelberg & Woodliff, Jackson, MS, for Defendant-Appellant.

R. Wilson Montjoy, II, Brunini, Grantham, Grower & Hewes, Jackson, MS, for Freeport-McMoran, Inc., Southern Natural Gas Co. and Amerada Hess Corp., Amici Curiae.

Alex A. Alston, Jr., Alston, Rutherford & Van Slyke, Jackson, MS, for Forest Oil Co., Amicus Curiae.

David Martin Sweet, Independent & Petroleum, Oakton, VA, for Independent Petroleum Ass'n of America, Amicus Curiae.

Before POLITZ, Chief Judge, and GARWOOD and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this diversity action, the interlocutory appeal at hand concerns whether, under Mississippi law, lessors/royalty owners are entitled to royalties from the proceeds of the "nonrecoupable" settlement of a "take-or-pay" contract between a lessee/producer and a gas purchaser. On cross-motions for summary judgment, the district court held for the lessors/royalty owners. We REVERSE and RENDER.

I.

Appellees are...

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