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CANNON v. SUN-KEY OIL CO., INC.

No. 11-02-00286-CV.

117 S.W.3d 416 (2003)

Ernest CANNON, Appellant, v. SUN-KEY OIL CO., INC., Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled November 6, 2003.

Attorney(s) appearing for the Case

Jerry Campbell, Naman, Howell, Smith & Lee, LLP, Waco, Keith Cameron, Naman, Howell, Smith & Lee, Austin, for appellant.

Don M. Connally, Abilene, for appellee.

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

Opinion

W.G. ARNOT, III, Chief Justice.

Ernest Cannon sought a declaratory judgment terminating an oil and gas lease covering a 352-acre production unit. In his petition, Cannon alleged alternative theories for termination: (1) "total cessation of production" after the primary term and (2) a "cessation of production in paying quantities" after the primary term. Sun-Key Oil Co., Inc., the lessee by assignment,...

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