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POGO PRODUCING CO. v. SHELL OFFSHORE, INC.

No. 89-3318.

898 F.2d 1064 (1990)

POGO PRODUCING COMPANY, Plaintiff-Appellant, v. SHELL OFFSHORE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 26, 1990.

Attorney(s) appearing for the Case

David R. Richardson and Kenneth J. Servay, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for plaintiff-appellant.

John T. McMahon and George J. Domas and Robert L. Theriot, Liskow & Lewis, New Orleans, La., for defendant-appellee.

Before HIGGINBOTHAM, SMITH and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Pogo Producing Company appeals the dismissal of its complaint seeking a cash recovery from Shell Offshore, Inc. for natural gas overproduced by Shell. We affirm.

In October 1979 Pogo, Shell, and several others executed an operating agreement governing the production of oil and gas from a federal lease on the outer continental shelf of the United States. Shell was designated the operator under the agreement. Section 10.4 of the agreement...

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