Ballard v. Devon Energy Production Co., LP

WIENER, Circuit Judge:

Plaintiff-Appellant, A.L. Ballard (“Ballard”), successor in interest to Kilroy Properties, Incorporated (“Kilroy”), sued Defendanb-Appellee Devon Energy Production Company (“Devon”), successor in interest to Wise Oil Company (“Wise Oil”) for breach of a provision in an American Association of Petroleum Land Men (“AAPL”) Model Form Operating Agreement (“Operating Agreement”) that was an exhibit to and incorporated by reference in a May 1971 Farmout Agreement (collectively “Joint Operating Agreement” or “JOA”) between Kilroy and Wise Oil. 1 That agreement memorialized a…