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Petro Pro, Ltd. v. Upland Resources, Inc.

The trial court erred in rendering its declaration of the rights of the parties in the dispute concerning the construction of two oil and gas wellbore assignments. Amarillo Court of Appeals, No. 07-05-0327-CV

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

OPINION

This appeal concerns a dispute between assignors, assignees, and intervening royalty owners regarding the construction of two oil and gas wellbore assignments, wherein the assignments expressly limited the assigned interest to “rights in the wellbore” of a given well. Presenting similar issues, Appellants, Petro Pro, Ltd. and L&R Energy Corporation, and Intervenors, Nancy Wilson Briscoe, Judith Brock Seitz, and Carolyn Rogers, appeal the denial of their respective motions for summary judgment and the grant of summary judgment in favor of appellees, Upland Resources, Inc., KCS Resources, Inc., Great Lakes Energy Partners, L.L.C., and Steve Zemkoski. By their issues, Appellants and Intervenors contend the trial court misconstrued the nature and scope of the assigned interest. Appellants also appeal the denial of their motion to have funds tendered into the court’s registry. We reverse and render judgment declaring the rights of the parties as to those issues before the trial court.*fn1

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