[Download] "Amoco Production Company v. Em Nominee Partnership Co." by Wyoming Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: Amoco Production Company v. Em Nominee Partnership Co.
• Author : Wyoming Supreme Court
• Release Date : January 14, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

The question that we must address here is whether expert testimony articulating the custom and practice in the industry can substitute for the sound of silence to fill a hole in a Unit Agreement and create an obligation to refund overriding royalties. Collateral issues are argued with respect to several theories for recovery of the royalties; a counterclaim for conversion; the effect of the statute of limitations; and the computation of interest. The trial court found that the Unit Agreement was not ambiguous, and it ruled that EM Nominee Partnership Company, a/k/a Energy Methods Nominee Partnership Company, a Colorado Partnership, Hallwood G.P., Inc., and E.D.P. Operating, Ltd. (EM Nominee) had no obligation to repay the royalties to Amoco Production Company (Amoco). Summary Judgment was entered in favor of EM Nominee on all claims asserted by Amoco and also on the claim of EM Nominee to recover royalties from other properties withheld by Amoco in an effort to collect the amount it claimed was due to it. We accept the careful and reasoned analysis by the trial court, and the Order on Motion to Amend Complaint and Motions for Summary Judgment and Judgment entered by the trial court is affirmed in all respects.

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