Frederick J. Frey v. Amoco Production Company

U.S. Court of Appeals for the Fifth Circuit October 15, 1992

Frederick J. Frey v. Amoco Production Company, 976 F.2d 242 (5th Cir. 1992)

1992 U.S. App. LEXIS 26389; 1992 WL 281502

Opinion

ON PETITION FOR REHEARING

Before REAVLEY, KING and JONES, Circuit Judges. PER CURIAM:

We originally held that royalties were due on lessee’s take-or-pay receipts under this lease. Frey v. Amoco Production Co., 943 F.2d 578 (5th Cir. 1991). We then granted rehearing to certify to the Supreme Court of Louisiana that take-or-pay issue. 951 F.2d 67. The Louisiana court has now confirmed our original holding with a unanimous and thorough statement of the controlling state law. Frey v. Amoco Production Co., 603 So.2d 166 (La. 1992). Accordingly, we reinstate Part IIA. of our opinion published at 943 F.2d 578, remand the case for further proceedings consistent with the court opinions, and deny further rehearing.

REVERSED AND REMANDED. REHEARING DENIED.

Reference

Full Case Name: Frederick J. FREY, Et Al., Plaintiffs-Appellants, v. AMOCO PRODUCTION COMPANY, Defendant-Appellee
Status: Published