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CHESAPEAKE EXPLORATION, L.L.C. v. HYDER

No. 04-12-00769-CV.

427 S.W.3d 472 (2014)

CHESAPEAKE EXPLORATION, L.L.C., and Chesapeake Operating, Inc., Appellants/Cross-Appellees v. Martha Rowan HYDER, Individually and as Independent Executrix and Trustee under the Will of Elton M. Hyder, Jr., Deceased, and as Trustee under the Elton M. Hyder Jr. Residuary Trust, and as Trustee of the Elton M. Hyder Jr. Marital Trust; Brent Rowan Hyder, Individually, and as Trustee of the Charles Hyder Trust and as Trustee of the Geoffrey Hyder Trust; Whitney Hyder More, Individually, and as Trustee of the Elton Matthew Hyder IV Trust, as Trustee of the Lili Lowdon Hyder Trust, and as Trustee of the Samuel Douglas More Trust; and Hyder Minerals, Ltd., Appellees/Cross-Appellants.

Court of Appeals of Texas, San Antonio.

March 5, 2014.

Attorney(s) appearing for the Case

Matthew David Stayton , Bart Alan Rue , Fort Worth, TX, for Appellant.

David Jacob Drez III , Fort Worth, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, REBECA C. MARTINEZ, Justice, LUZ ELENA D. CHAPA, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This appeal arises out of a dispute involving the construction of the royalty and overriding royalty clauses in an oil and gas lease ("the Hyder lease") between Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc. (collectively "appellants") and the appellees, who are royalty interest holders.

Appellees filed suit against appellants alleging a breach of the lease. Appellants counterclaimed...

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