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FORDOCHE, INC. v. TEXACO, INC.

No. 05-30857.

463 F.3d 388 (2006)

FORDOCHE, INC., et al., Plaintiffs-Appellants, v. TEXACO, INC.; et al., Defendants, Texaco Exploration and Production, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 31, 2006.

Attorney(s) appearing for the Case

Joseph R. Ward, Jr. (argued), Ward & Condrey, Covington, LA, for Plaintiffs-Appellants.

Loulan Joseph Pitre, Jr. (argued), Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, B.J. Duplantis, Samuel Edgar Masur, Gordon, Arata, McCollam, Duplantis & Eagan, Lafayette, LA, for Defendant-Appellee.

Before KING, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

This case deals with the performance of obligations under right of first refusal (ROFR) clauses, also termed "preferential rights" clauses, in four joint operating agreements (JOAs) to which defendant-appellee Texaco Exploration and Production, Inc. ("TEPI") and plaintiffs-appellants, Fordoche, Inc. and Ronnie and Rebecca Theriot ("Fordoche group") were parties. Each of the ROFR clauses required that any party to the JOA, before selling any...

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