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FORT WORTH 4TH ST. PARTNERS v. CHESAPEAKE ENERGY

No. 17-10040.

882 F.3d 574 (2018)

FORT WORTH 4TH STREET PARTNERS, L.P.; KSM Minerals, L.L.C.; Mojito Energy, L.L.C.; 4th Street Minerals, L.L.C.; Reilly Family Minerals, L.L.C., Plaintiffs-Appellants v. CHESAPEAKE ENERGY CORPORATION; Chesapeake Operating, L.L.C.; Chesapeake Exploration, L.L.C., as Successor by Merger to Chesapeake Exploration, L.P.; Chesapeake Land Company, L.L.C.; Chesapeake Exploration, L.P., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 15, 2018.

Attorney(s) appearing for the Case

Daniel Henry Charest , Burns Charest, L.L.P., Dallas, TX, for Plaintiffs-Appellants.

Pervis Jefferson Ballew, Jr. , Craig A. Haynes , Senior Counsel, Thompson & Knight, L.L.P., Dallas, TX, Melissa Davis , Thompson & Knight, L.L.P., Austin, TX, for Defendants-Appellees.

Before DENNIS, CLEMENT, and GRAVES, Circuit Judges.

Fort Worth 4th Street Partners, L.P. (FWP) and its designees brought suit against Chesapeake Exploration, L.L.C. (Chesapeake) and related entities to recover payment allegedly due under a provision of a Surface Use Agreement governing Chesapeake's use of FWP's land. Before this payment came due, FWP sold the surface...

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