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NIEMEYER v. TANA OIL AND GAS CORP.

No. 03-99-00023-CV.

39 S.W.3d 380 (2001)

John C. NIEMEYER/Tana Oil and Gas Corporation, Appellants, v. TANA OIL AND GAS CORPORATION/John C. Niemeyer, Appellees.

Court of Appeals of Texas, Austin.

February 8, 2001.

Attorney(s) appearing for the Case

Tom C. McCall, McCall & Ritchie, LLP, Austin, TX, for appellant.

R. Clay Hoblit, Chaves, Gonzales & Hoblit, LLP, Corpus Christi, TX, for appellee.

Before Justices KIDD, YEAKEL and POWERS.

ON MOTION FOR REHEARING

KIDD, Justice.

We withdraw our original opinion and judgment issued December 21, 2000 and substitute this one in its place. John C. Niemeyer ("Niemeyer") sued Tana Oil and Gas Corporation ("Tana") for breach of an oil and gas lease. Niemeyer seeks reversal of the district court's take-nothing judgment and requests review of three issues: (1) whether he was entitled to additional royalties under the parties' lease and settlement agreement...

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