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BALLARD v. DEVON ENERGY PRODUCTION CO., L.P.

No. 10-20497.

678 F.3d 360 (2012)

A.L. BALLARD, Plaintiff-Appellant, v. DEVON ENERGY PRODUCTION COMPANY, L.P., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 2012.

Attorney(s) appearing for the Case

James Wilson McCartney, Sr. (argued), Paul David Clote , Law Office of Paul D. Clote, Houston, TX, for Plaintiff-Appellant.

Paul Lee Mitchell (argued), Kendall Matthew Gray , Andrew Kurth, L.L.P., Hutson Brit Smelley , Edison, McDowell & Hetherington, L.L.P., Houston, TX. for Defendant-Appellee.

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant, A.L. Ballard ("Ballard"), successor in interest to Kilroy Properties, Incorporated ("Kilroy"), sued Defendant-Appellee Devon Energy Production Company ("Devon"), successor in interest to Wise Oil Company ("Wise Oil") for breach of a provision in an American Association of Petroleum Land Men ("AAPL") Model Form Operating Agreement ("Operating Agreement") that was an exhibit to and incorporated by reference in a May 1971 Farmout...

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