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ARKOMA BASIN EXPL. v. FMF ASSOCIATES 1990-A

No. 03-1066.

249 S.W.3d 380 (2008)

ARKOMA BASIN EXPLORATION COMPANY, INC., et al., Petitioners, v. FMF ASSOCIATES 1990-A, LTD., et al., Respondents.

Supreme Court of Texas.

Decided January 25, 2008.

Rehearing Denied May 2, 2008.

Attorney(s) appearing for the Case

P. Michael Jung, Kenneth S. Beat, Strasburger & Price, L.L.P., David M. Gunn, C. Gregory Shamoun, Howard Jay Klatsky, Shamoun & Klatsky, P.C., Dallas, TX, for Petitioners.

Brian Paul Sanford, Sheils, Winnubst, Sanford & Bethune, P.C., Richardson, Cynthia Hollingsworth, Gardere Wynne Sewell LLP, Dallas, Jeremy C. Martin, Irving, TX, for Respondents.

Jack Crichton, Crichton & Associates, Dallas, Aaron Cawley, Cawley Gillespie & Associates, Fort Worth, Lance Holland, Rockwall, B. Charles Spradlin, Larry T. Long, Kilgore, H.J. Gruy, Houston, Alex Mills, Wichita Falls, TX, for Amicus Curiae.

Justice BRISTER delivered the opinion of the Court in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, Justice GREEN, Justice MEDINA, Justice JOHNSON, and Justice WILLETT joined.

Eight Virginia limited partnerships hired Arkoma Basin Exploration Company1 to estimate production from mineral properties in the Arkoma Basin in southeastern Oklahoma. When the properties failed to produce as predicted, they sued.

Based...

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