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Texaco Inc. v. Duhe

For Natural Gas Policy Act of 1978 '105 price ceilings to apply, the gas only need be sold "under" intrastate contracts in existence before the NGPA was adopted.

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Appeal from the United States District Court for the Western District of Louisiana

This matter comes on before this court on appeal from an order of the United States District Court for the Western District of Louisiana entered on March 21, 2000, making final an order granting partial summary judgment to the plaintiffs-appellees, Texaco Inc. and Texaco Exploration and Production Inc. (“Texaco”) entered on February 22, 2000. The district court granted Texaco a summary judgment dismissing the claim of the defendants-appellants, John M. Duh, Jr., Gladys Duh Deutschle, and Joseph Preston Duh (“Duhes”) and Edna Ackal Bower and Elias Ackal (“Ackals”), seeking recovery of allegedly underpaid royalties on natural gas production between March 23, 1988, and December 31, 1992, in the Bateman Lake Field, St. Mary Parish, Louisiana. We will refer to this claim as the “gas flow claim.” Appellants, however, do not appeal the judgment as to the Duhes, even though they have joined in this appeal, because the Duhes were lessors of mineral property located in Iberia Field, Iberia Parish, Louisiana, from which the gas was allocated in connection with contracts that do not form the basis of the gas flow claim. See Br. of Appellants at 2 n.2. For the reasons we set forth below, we affirm the judgment of the district court.

I. BACKGROUND

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