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ALLEGIANCE HILLVIEW v. RANGE TX. PRODUCTION

No. 02-10-00062-CV.

347 S.W.3d 855 (2011)

ALLEGIANCE HILLVIEW, L.P., Appellant, v. RANGE TEXAS PRODUCTION, LLC and Range Production Company, Appellees.

Court of Appeals of Texas, Fort Worth.

July 28, 2011.

Attorney(s) appearing for the Case

Brown McCarroll LLP and Richard Illmer , John C. Pegram , Dallas, Elizabeth G. Bloch , Austin, for Appellant.

Harris Finley Bogle PC and Andrew D. Sims , Russell R. Barton , Fort Worth, Kelly Hart Hallman LLP, John H. Cayce, Jr. , Matthew D. Stayton , Fort Worth, for Appellees.

PANEL: GARDNER, MEIER, and GABRIEL, JJ.

OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellant Allegiance Hillview, L.P. (Allegiance) appeals the trial court's declaratory judgment in favor of Appellees Range Texas Production, LLC and Range Production Company (collectively, Range) concerning the force majeure provision in the Surface Use Agreement (SUA) between Allegiance and non-party Rayzor Investments, Ltd. (Rayzor). After a bench trial, the trial court found that events of force...

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