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Stable Energy, L.P. v. Kachina Oil Gas, Inc.

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Appellants, Anchor Operating Company and Stable Energy, L.P. (collectively “Stable”) seek the reversal of a final judgment entered in favor of appellees (collectively “Kachina”) regarding the ownership interests and rightful operator of an oil and gas well in Fayette County. Because we conclude that Stable failed to prove it acquired a majority interest in the well, we will affirm the district court judgment.

THE CONTROVERSY

This case involves a dispute over the ownership and operation of the Triangle K No. 1 Well in Fayette County (“the well”). In 1980, the original owners of the well entered into a joint operating agreement (“JOA”) and designated CRB Oil & Gas as the operator. In the following years, the title of “operator” changed hands several times and eventually became the focal point of the parties’ dispute. In 1983, CRB delegated the operation of the well to K-N Operating on a subcontract basis. A few years later, CRB filed for bankruptcy. The chapter 7 trustee executed a Texas Railroad Commission Form P-4 designating K-N as the operator. In 1990, K-N executed another Form P-4 designating its affiliate, MGN Oil & Gas Corporation, as the operator. In 1991, MGN changed its name to Kachina Oil & Gas, Inc., one of the appellees. Although the original operator, CRB, owned a working interest in the well, the succeeding operators, K-N and MGN/Kachina, had no working interest when they were designated as operator.

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