Mitchell Energy Corp. v. Stagl

WALKER, J.,

In essence all parties agree in this case that what they really want is a declaratory judgment construing paragraph 6 of certain oil and gas leases and, particularly, construing the phrase “producing gas well” as contained therein. We have arrived at this point, however, by a rather circuitous procedural route.

This case was commenced on October 30, 1981 by the filing of a praecipe for summons in equity. At the same time plaintiff filed a petition for preliminary injunction and requested a hearing which was fixed for November 2, 1981. On November 16, 1981, we entered a preliminary…