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STABLE ENERGY, L.P. v. NEWBERRY

No. 03-98-00003-CV.

999 S.W.2d 538 (1999)

STABLE ENERGY, L.P., Robust Oil Co. and Anchor Operating Co., Appellants, v. W.B. NEWBERRY, Sr., Peter Hougaard, Robert C. Freymuller, Mark P. Nibbelink, Cameron D. Sewell, Lawrence E. Walton, the Estate of Ralph Walton, Deceased, the Estate of Lawcile Walton, Deceased, Andrew Kugler, Jr., James A. Robbins, Guy W. Anderson, Jr., Morgan Jones, Cecil L. Smith, Maria M. Quinn, and Rodel Oil & Gas Company, Appellees.

Court of Appeals of Texas, Austin.

August 12, 1999.

Attorney(s) appearing for the Case

Paul K. Nesbitt, Kelly, Sutter, Mount & Kendrick, P.C., Houston, for Appellant.

Robert L. Seibert, Goodall & Davison, J. Robert Goldsmith, Karen A. Bogisch, Goldsmith & Bogisch, L.L.P., Austin, for W.B. Newberry, Peter Hougaard, Robert C. Freymuller, Mark P. Nibbelink, Cameron D. Sewell, Lawrence E. Walton, the Estate of Ralph Walton, Deceased, and the Estate of Lawcile Walton, Deceased.

Jeffrey R. Akins, San Antonio, for Andrew Kugler, Jr. and James A. Robbins.

J. Edward Davey, Houston, for Maria M. Quinn.

Charles W. Kennedy, Jr., Houston, for Rodel Oil & Gas Co.

Before Chief Justice ABOUSSIE, Justices KIDD and PATTERSON.

MARILYN ABOUSSIE, Chief Justice.

This is a breach of contract case involving appellant Anchor Operating Company's operation of Knape Well # 1 (hereinafter the "Knape Well"), which is located in the Knape Unit, and appellant Stable Energy, L.P.'s conduct as lessee of the Knape Unit. The Knape Unit is a 160-acre tract derived from three oil, gas, and mineral leases in Fayette County. Both Anchor and Stable defended the breach of contract claims on the theory that a...

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