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TAWES v. BARNES

No. 10-0581.

340 S.W.3d 419 (2011)

O. Lee TAWES, III, Appellant, v. Doris BARNES, Individually and as Independent Executrix of the Estate of Leon McNair Barnes, Deceased, Appellee.

Supreme Court of Texas.

Decided April 15, 2011.

Rehearing Denied June 10, 2011.

Attorney(s) appearing for the Case

Barnet B. Skelton Jr. , Barnet B. Skelton, Jr., PC, Russell S. Post , David M. Gunn , Beck Redden & Secrest, L.L.P., Houston, for O. Lee Tawes, III.

Thomas Kirkendall , The Woodlands, Dick Watt, Hannah Sibiski, Watt Beckworth Thompson & Henneman, LLP, Houston, for Doris Barnes.

Justice GREEN delivered the opinion of the Court.

In this case, which arose from an oil and gas lessor's claim for unpaid royalties, we consider the construction and application of a Working Interest Unit Agreement (WIUA) and a Joint Operating Agreement (JOA). The issues come to us on certified questions from the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit asks first whether the lessor here, either as a third-party beneficiary or through...

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