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SUTTON v. SM ENERGY CO.

No. 04-12-00772-CV.

421 S.W.3d 153 (2013)

W.H. SUTTON, Arctic Royalty Limited Partnership, Julie S. Mueller, Janet Lee Smith as Trustee of the Janet Lee Smith Family Trust, Anita Louise Davies as Trustee of the Anita Louise Davies Family Trust and Frederick Jackson Bell Jr. as Trustee of the Frederick Jackson Bell Jr. Family Trust, Appellants v. SM ENERGY COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

November 13, 2013.

Attorney(s) appearing for the Case

Jeffrey Akins , San Antonio, TX, for Appellants.

Shannon H. Ratliff , Ratliff Law Firm, P.L.L.C., Michael Lynn Navarre , Austin, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, PATRICIA O. ALVAREZ, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

SM Energy Company ("SM"), appellee and plaintiff below, filed a declaratory judgment action seeking a declaration that a 1966 oil and gas lease terminated with respect to approximately 18,000 acres of an original 40,000-acre premises; that appellants' overriding royalty interests ("ORRIs") carved out of assignments of the lease were extinguished; and that SM was not obligated to pay appellants royalties based...

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