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SM ENERGY CO. v. SUTTON

No. 04-11-00752-CV.

376 S.W.3d 787 (2012)

SM ENERGY CO., Huber Energy, L.P., and Rockford Energy Partners II, LLC, Appellants v. W.H. SUTTON, Christopher Sutton, Anita Louise Bell Davies, Janet Lee Smith, Frederick Jackson Bell, Jr., Julie Mueller, and Arctic Royalty Limited Partnership, Appellees.

Court of Appeals of Texas, San Antonio.

May 23, 2012.

Attorney(s) appearing for the Case

Jesse R. Pierce , Pierce & O'Neill, LLP, Harvey F. Cohen , Houston, TX, for Appellants.

V.E. Lanfear, Jr. , Attorney at Law, San Antonio, TX, for Appellees.

Sitting: KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: REBECCA SIMMONS, Justice.

Appellants SM Energy Company, Huber Energy, L.P., and Rockford Energy Partners II, LLC, (collectively SM Energy) moved for summary judgment to dismiss the appellees' claims that SM Energy had failed to pay overriding royalty interests (ORRIs) on several oil and gas leases. Appellees W.H. Sutton, Christopher Sutton, Anita Louise Bell Davies, Janet Lee Smith, Frederick Jackson Bell, Jr., Julie Mueller, and Arctic...

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