FREDERICK J. FREY, ET AL., PLAINTIFFS-APPELLANTS,
v.
AMOCO PRODUCTION COMPANY, DEFENDANT-APPELLEE

5th Cir. | 1992-10-15
No. 90-3553
Before REAVLEY, KING and JONES, Circuit Judges.
976 F.2d 242 Court of Appeals for the Fifth Circuit (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM:

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.


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