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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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