DALLAS GAS PARTNERS, L.P. v. PROSPECT ENERGY CORP.

No. 12-20496.

733 F.3d 148 (2013)

DALLAS GAS PARTNERS, L.P., Plaintiff-Counter Defendant-Appellant v. PROSPECT ENERGY CORPORATION, Defendant-Counter Claimant-Appellee. v. Dallas Gas GP, L.L.C.; Thomas P. Muse; David W. Nelson, Third Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 7, 2013.


Attorney(s) appearing for the Case

Jason Aron Itkin , Esq., Micajah Boat-right, Arnold & Itkin, L.L.P., Houston, TX, for Plaintiff-Counter Defendant-Appellant.

Neil Kenton Alexander , Jr., Esq. (argued), Porter & Hedges, L.L.P., Houston, TX, for Defendant-Counter Claimant-Appellee.

Richard L. LaGarde (argued), Roger N. Chrisco , Attorney, Mary Ellis LaGarde, LaGarde Law Firm, P.C., Houston, TX, for Third Party Defendant-Appellant Thomas P. Muse.

Jason Aron Itkin , Esq., Micajah Boat-right (argued), Arnold & Itkin, L.L.P., Houston, TX, for Third Party Defendant-Appellant Dallas Gas GP, L.L.C.

Melissa Lorber , Attorney, Craig T. Enoch (argued), Enoch Kever, P.L.L.C., Austin, TX, for Third Party Defendant-Appellant David W. Nelson.

Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

In this breach of contract case, appellants Dallas Gas Partners, L.P., Dallas Gas GP, L.L.C., Thomas Muse, and David W. Nelson contend that a contract's release and covenant not to sue did not bind individual limited partners or authorize recovery of attorneys' fees in the case of breach. The district court granted summary judgment in favor of appellee Prospect Energy Corp., included attorneys' fees in its award, and held that appellants...

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