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ESSE v. EMPIRE ENERGY III, LTD.

No. 01-08-00854-CV.

333 S.W.3d 166 (2010)

Todd ESSE, Brent Esse, and 5E Oil and Gas Corporation, Appellants, v. EMPIRE ENERGY III, LTD., BP American Production Company, and Kenneth Havis, Trustee in Liquidation for Westgate Energy Partners, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled September 2, 2010.

Rehearing En Banc Overruled November 23, 2010.

Attorney(s) appearing for the Case

Robert L. Galloway , Robert L. Galloway , P.C., Houston, TX, for Appellants.

Andrew Howard Petty , Petty & Petty, L.L.P., Chris DiFerrante , Chris DiFerrante Attorney At Law, Houston, TX, for Appellees.

Panel consists of Justices KEYES, HIGLEY, and WILSON.

OPINION

EVELYN V. KEYES, Justice.

Appellants, Brent and Todd Esse and 5E Oil and Gas Corporation (collectively the Esses), appeal the trial court's July 15, 2008 judgment against them in the breach of contract action filed by appellees, Empire Energy III, Ltd. (Empire), BP American Production Company (BP), and Kenneth Havis as the trustee in liquidation for Westgate Energy Partners, Inc. (Westgate). In five issues, the Esses argue that the trial court erred...

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