Encana Oil & Gas (USA) Inc. v. Brammer Engineering, Inc.

BROWN, CHIEF JUDGE.

[, EnCana Oil & Gas (“EnCana”) and SWEPI, LP (“Swepi”), the mineral operators, filed a concursus proceeding to resolve a dispute between the lessors, Stewart Group and Harriett Jennette, on one hand and Brammer Engineering, Inc. (“Brammer”), an agent, on the other hand concerning an overriding mineral royalty. The mineral owners and Brammer responded with competing motions for summary judgment. The trial court found in favor of Brammer, granting its motion for summary judgment. We reverse and remand.

Facts

In 1962, several individuals (“mineral owners”) holding interest in…