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RATHBORNE LAND CO., L.L.C. v. ASCENT ENERGY, INC.

No. 09-30499.

610 F.3d 249 (2010)

RATHBORNE LAND COMPANY, L.L.C., Plaintiff-Appellee, v. ASCENT ENERGY, INC.; Ascent Energy Louisiana, L.L.C., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 23, 2010.

Attorney(s) appearing for the Case

M. Taylor Darden (argued), Robert Spier Stassi, Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, L.L.C., New Orleans, LA, for Plaintiff-Appellee.

Carl David Rosenblum (argued), Alida C. Hainkel, Grady Schell Hurley, Jones Walker, L.L.P., New Orleans, LA, for Defendants-Appellants.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendants-Appellants Ascent Energy, Inc. and Ascent Energy Louisiana, L.L.C. (collectively, "Ascent") appeal from a bench trial in which Rathborne Land Company, L.L.C. ("Rathborne") was awarded damages for Ascent's breach of its obligations to reasonably develop and explore a leased, 449.57-acre parcel of oil, gas, and mineral land. Ascent argues that Rathborne failed to put Ascent into default before filing suit and that Rathborne...

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