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STIRMAN v. EXXON CORP.

No. 01-50632.

280 F.3d 554 (2002)

Jack D. STIRMAN; Beth Blakemore Hunter, Plaintiffs-Appellees, v. EXXON CORPORATION, et al., Defendants, Exxon Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 1, 2002.

Attorney(s) appearing for the Case

Robert R. Herring, Jr., Sylvia Gerald Davidow, Fleming & Associates, T. Gerald Treece (argued), Houston, TX, James Lawton Reed, Jr., James Joseph Ormiston, Looper, Reed & McCraw, Houston, TX, James L. Branton, Harry L. Munsinger, Branton & Hall, San Antonio, TX, for Plaintiffs-Appellees.

Shannon H. Ratliff (argued), Lisa A. Paulson, Akin, Gump, Strauss, Hauer & Feld, Richard A. Kelley, Clayton James Barton, McGinnis, Lochridge & Kilgore, Austin, TX, S. Jack Balagia, Jr., Exxon Mobile Corp., Houston, TX, for Defendant-Appellant.

Before E. GRADY JOLLY, SMITH and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The plaintiffs in this class action case, John Stirman and Beth Blakemore Hunter, allege that defendant Exxon Corporation breached its lease obligations to them and to a class of similarly situated individuals by violating an implied covenant to market the natural gas and natural gas liquids (collectively, "natural gas") that were the subject of the leases. Exxon allegedly did so by transferring the natural gas within its own divisions...

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