BIRNBAUM v. SWEPI LP

No. 04-00-00362-CV.

48 S.W.3d 254 (2001)

Elizabeth A. BIRNBAUM, et al., Appellants, v. SWEPI LP, et al., Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 24, 2001.


Attorney(s) appearing for the Case

Richard D. Sullivan, Law Offices of Richard D. Sullivan, Houston, Ronald O. Holman, Holman, Robertson, Eldridge, Biddle & McCorkindale, Dallas, for Appellant.

Arnulfo Guerra, Sr., Guerra & Guerra, Roma, Reagan D. Pratt, John E. O'Neill, Clements, O'Neill, Pierce, Nickens & Wilson, L.L.P., Houston, Abelardo Garza, Garza Law Firm, San Diego, Ben H. Sheppard, Jr., Mark C. Rodriguez, Vinson & Elkins, L.L.P., Houston, Donato D. Ramos, Person, Whitworth, Ramos, Borchers & Morales, Laredo, Paul D. Smith, Axelrod Smith & Kirshbaum, G. Stephen Parrott, Hoover, Bax & Slovacek, L.L.P., Houston, Patton G. Lochridge, McGinnis, Lochridge & Kilgore, Austin, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, KAREN ANGELINI, Justice.


OPINION

PHIL HARDBERGER, Chief Justice.

This case involves the interpretation of an oil and gas lease. Appellants, a group of royalty owners ("Royalty Owners"), sued EOG Resources, Inc. f/k/a Enron Oil and Gas Company and its predecessors in interest, SWEPI LP f/k/a Shell Western E & P, Inc. and Shell Oil Company, (collectively the "Lessees") for breach of an oil and gas lease. The Royalty Owners claimed that the Lessees were required to pay royalties...

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