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TELLUS OPERATING GROUP v. TEXAS PETROLEUM

Nos. 2009-CA-01040-SCT, 2009-CA-01174-SCT, 2009-CA-01041-SCT.

105 So.3d 274 (2012)

TELLUS OPERATING GROUP, LLC, Baxterville Oil Acquisitions, LLC, Mississippi Oil Acquisitions, LLC, Noms, LLC, SNPI, LLC, Bax, LLC, Vickery Properties LLC, Baxterville Properties, LLC and Sutherland Energy Corp. v. TEXAS PETROLEUM INVESTMENT CO., et al. Texas Petroleum Investment Co., et al. v. Tellus Operating Group, LLC, et al.

Supreme Court of Mississippi.

Rehearing Denied January 31, 2013.

Attorney(s) appearing for the Case

Michael J. Bentley , W. Wayne Drinkwater , Jackson, Paul N. Davis , Ridgeland, Mike Pumphrey , W. David Ross , Rick D. Norton , Hattiesburg, attorneys for appellants/appellees.

Michael B. Wallace , John P. Sneed , Rebecca Hawkins , Jackson, David W. Holman , Thomas W. Tyner , Daphne M. Lancaster , Hattiesburg, Michael D. Hudgins , Charles E. Greer , V, attorneys for appellees/appellants.

Before DICKINSON, P.J., LAMAR and KITCHENS, JJ.

KITCHENS, Justice, for the Court:

¶ 1. The plaintiffs (collectively "Tellus") alleged that they owned the "shallow gas" rights from the earth's surface to a depth of 8,000 feet in a tract of land known as the Bilbo A Lease. While ownership of the shallow gas was disputed, all parties agreed that the defendants (collectively "TPIC") owned the gas rights below 8,000 feet and the oil rights in both the shallow and deep zones. In 2004, Tellus sued TPIC, alleging...

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