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BP AMERICA PROD. v. RED DEER RESOURCES

No. 15-0569.

526 S.W.3d 389 (2017)

BP AMERICA PRODUCTION COMPANY, Petitioner, v. RED DEER RESOURCES, LLC, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: April 28, 2017.

Rehearing Overruled September 22, 2017.

Attorney(s) appearing for the Case

Charles R. `Skip' Watson Jr., Davis, Garald & Cremer, PC, Austin TX, Conrad D. Hester, Robert C. Vartabedian, Thompson & Knight, LLP, Fort Worth TX, John Ben Blanchard, Brown & Fortunato, P.C., Amarillo TX, Michael A. Hatchell, Locke Lord LLP, for Petitioner, BP America Production Company.

Amicus curiae Scott A. Blister, Andrews Kurth LLP, Austin, TX, for Petitioner, BP America Production Company.

Brian W. Farabough, Courtney D'Lynn Miller, Joe L. Lovell, John H. Lovell, Lovell Lovell Newsom & Isern, L.L.P., John T. Smithee, Templeton, Smithee, Hayes Heinrich & Russell, LLP, Amarillo TX, for Respondent, Red Deer Resources, LLC.

In this case, we must determine whether a jury's finding that a gas well was incapable of production in paying quantities the day after the producer closed the valve, and eight days after the last gas was sold or used, can support a judgment terminating the producer's lease in its secondary term...

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