Ivey Hugh Rutherford v. Exxon Company, U.S.A.

GOLDBERG, Circuit Judge:

Oil is a fugacious mineral. Should one seek it without vigilance and determination, it easily evades recovery, and may slip away from the prospecting sophisticate and the neophyte alike. Oil lies at the core of this case. It also offers lessons that flow to the periphery of our decision.

This diversity action comes to us from the Eastern District of Texas. It concerns unitized oil production, royalty interests and fraud claims. Most important, it concerns Texas statutes of limitations. Appellants, Ivey Hugh Rutherford, Julius C. Rutherford, Doris P. Rutherford and Helen…