Legal Opinion
Barton W. Freeland v. Sun Oil Company and Cities Service Oil Company Sohio Petroleum Company, Intervenor
Court of Appeals for the Fifth Circuit
Decided April 21, 1960No. 17805PublishedCited by 29 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The basic question is whether a Louisiana mineral lessor’s % gas royalty is to be based on 100% of the liquids extracted by an independent gasoline processing plant or on only that portion deliverable to the mineral interest owners after the processor has taken its share. Stated more simply, is the lessor to bear any part of the cost of processing? For if the basis is 100%, the result is that the lessor bears none of the costs. If the basis is the quantity remaining after the processor has taken its share, the lessor bears his proportionate part (e. g., 1/8) of…
2Cases cited8 opinions
- Wall v. United Gas Public Service Co.Supreme Court of Louisiana · 1934
- Tyson v. Surf Oil Co.Supreme Court of Louisiana · 1940
- Union Producing Co. v. PardueCourt of Appeals for the Fifth Circuit · 1941
- Coyle v. Louisiana Gas & Fuel Co.Supreme Court of Louisiana · 1932
- Arkansas Natural Gas Corporation v. SartorCourt of Appeals for the Fifth Circuit · 1938
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- West v. Alpar Resources, Inc.North Dakota Supreme Court · 1980
- Martin v. GlassDistrict Court, N.D. Texas · 1983
- Piney Woods Country Life School v. Shell Oil Co.Court of Appeals for the Fifth Circuit · 1984
- Anderson Living Trust v. Energen Res. Corp.Court of Appeals for the Tenth Circuit · 2018
- Merritt v. Southwestern Elec. Power Co.Louisiana Court of Appeal · 1986
24 more not listed; retrieve them via the Exa API.