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EOG RESOURCES, INC. v. CHESAPEAKE ENERGY CORP.

No. 09-30363.

605 F.3d 260 (2010)

EOG RESOURCES, INC., Plaintiff-Appellant, v. CHESAPEAKE ENERGY CORP.; Chesapeake Operating, Inc.; Chesapeake Louisiana LP, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 29, 2010.

Attorney(s) appearing for the Case

Robert Louis Theriot (argued), Liskow & Lewis, Houston, TX, for Plaintiff-Appellant.

Patrick Stephen Ottinger (argued), David Kroll McCrory, Ottinger Hebert, L.L.C., Lafayette, LA, for Defendants-Appellees.

Before REAVLEY, CLEMENT and SOUTHWICK, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Appellant EOG Resources, Inc. ("EOG") and Appellees (collectively, "Chesapeake") own mineral leases in a unitized pool of natural gas in Bossier Parish, Louisiana. In 2006, Chesapeake drilled three wells without obtaining EOG's permission, in alleged violation of an Operating Agreement between the two. EOG filed suit for breach of contract. Chesapeake argued that it did not breach the Operating Agreement and that the suit was an...

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