Robert J. Johnston, William G. Webb, C. O. (Ted) Collins, Jr., Herbert E. Ware, Jr., Carl Fisher & NCNB Texas National Bank, Trustee for Trusts Nos. 1190 and 1191 v. American Cometra, Inc.

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-90-249-CV

ROBERT J. JOHNSTON, ET AL.,

APPELLANTS

vs.

AMERICAN COMETRA, INC.,

APPELLEE

FROM THE DISTRICT COURT OF SCHLEICHER COUNTY, 51ST JUDICIAL DISTRICT

NO. 2037A, HONORABLE ROYAL HART, JUDGE PRESIDING

Appellants, working-interest owners and non-operators of the Mertz #1 gas well, appeal the summary judgment rendered against them in their suit against American Cometra, Inc., the former operator of the well, for failure to make a take-or-pay claim against Lone Star Gas Company, the purchaser of the gas produced from the well. We will…