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CONE v. FAGADAU ENERGY CORP.

No. 1-00-00003-CV.

68 S.W.3d 147 (2001)

Kenneth G. CONE Appellant v. FAGADAU ENERGY CORPORATION and Sanford P. Fagadau Appellees

Court of Appeals of Texas, Eastland.

Rehearing Overruled February 28, 2002.

Attorney(s) appearing for the Case

Michael J. Canon, Canon & Gaston, Midland, Zollie C. Steakley, Rod E. Wetsel, Steakley & Wetsel, Sweetwater, for appellant.

Jim Hund, Murchison, Hund & Herriger, Ralph H. Brock, Lubbock, Dana Cooley, Dist. Atty., Snyder, for appellees.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

ARNOT, Chief Justice.

This appeal involves a dispute between parties to an operating agreement executed for the joint operation of a group of oil and gas leases covering approximately 850 acres located in Borden County. Fagadau Energy Corporation (FEC) was the operator of the leases under the operating agreement. Kenneth G. Cone (Cone) was a working interest owner of the leases and a party to the operating agreement. Sanford P. Fagadau (Fagadau)...

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