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OCCIDENTAL PERMIAN LTD. v. FRENCH

No. 11-10-00282-CV.

391 S.W.3d 215 (2012)

OCCIDENTAL PERMIAN LTD., Appellant v. Marcia Fuller FRENCH et al., Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Overruled November 29, 2012.

Attorney(s) appearing for the Case

John A. Jad Davis , Davis, Gerald & Cremer, P.C., Midland, TX, Dennis C. Cameron , Gable & Gotwals, Tulsa, OK, Marie Yeates , Michael A. Heidler , Vinson & Elkins, Houston, TX, Ernest E. Smith , Austin, TX, Ryan Clinton , Deborah G. Hankinson , Hankinson LLP, Dallas, TX, for appellant.

Brent Hamilton , Brady & Hamilton, LLP, Lubbock, TX, Robert C. Grable , Marianne M. Auld , Clark H. Rucker , Kelly Hart & Hallman LLP, Fort Worth, TX, for appellees.

Panel consists of: WRIGHT, C.J., McCALL, J., and HILL.

OPINION

JIM R. WRIGHT, Chief Justice.

This is a suit to recover certain royalty payments under two leases. Marcia Fuller French and other royalty owners sued Occidental Permian Ltd., the operator of the Cogdell Canyon Reef Unit, and alleged that Occidental had underpaid royalties due under the leases. Following a nonjury trial, and after the trial court refused to allow the royalty owners' request to reopen to present evidence of market value, the trial...

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