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Florida Gas Transmission Co. LLC v. Texas Brine Co. LLC

Court of Appeals of Louisiana, First Circuit

December 27, 2019

FLORIDA GAS TRANSMISSION COMPANY, LLC
v.
TEXAS BRINE COMPANY, LLC, ET AL.

          Appealed from the Twenty-third Judicial District Court In and for the Parish of Assumption State of Louisiana Suit Number 34, 316 Honorable Thomas J. Kliebert, Jr., Presiding

          Leopold Z. Sher James M. Garner Peter L. Hilbert, Jr. Jeffrey D. Kessler David A. Freedman New Orleans, LA Robert Ryland Percy, III Gonzales, LA James E. Kuhn Ponchatoula, LA Travis J. Turner Gonzales, LA Dane S. Ciolino Metairie, LA Counsel for Appellant/Defendant/ Third -party Plaintiff Texas Brine Company, LLC

          Joseph L. Shea, Jr. Katherine Smith Baker Joshua S. Chevallier Ashley G. Gable Shreveport, LA Counsel for Appellee/Third-party Defendant Reliance Petroleum Corporation

          Matthew J. Randazzo, III Christopher B. Bailey Will Montz Lafayette, LA Counsel for Appellees/ Third-party Defendants LORCA Corporation and Colorado Crude Company

          Frank H. Spruiell, Jr. Reid A. Jones Seth M. Moyers Shreveport, LA Counsel for Appellee/Third-party Defendant Sol Kirschner

          Martin A. Stern Leigh Ann Schell Raymond P. Ward Sara C. Valentine New Orleans, LA Counsel for Appellees/ Defendants/ Third-party Defendants Occidental Chemical Corporation, Occidental Petroleum Corporation, Basic Chemicals Company, LLC, and Occidental VCM, LLC

          Kathy Patrick Angus J. Dodson Laura J. Kissel Houston, TX Sidney W. Degan, III Julia A. Dietz Wade B. Hammett Matthew F. Morgan New Orleans, LA Counsel for Appellee/Third-party Defendant Chicago Insurance Company

          BEFORE: GUIDRY, McDONALD, AND PENZATO, JJ.

          GUIDRY, J.

         Texas Brine Company, LLC, the operator of a brine production well known as Oxy Geismer #3 (OG3 well) in Assumption Parish, appeals from a September 20, 2017 judgment granting partial summary judgment in favor of LORCA Corporation, Colorado Crude Company, Sol Kirschner, Reliance Petroleum Corporation, and its insurer, Chicago Insurance Company, the non-operators of the nearby Adams Hooker #1 oil and gas well (AH1 well), and dismissing Texas Brine's third-party contract claims against them. This court previously affirmed the dismissal of Texas Brine's third-party tort claims, including indemnity and contribution claims, against the non-operators of the AH1 well in Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC. 18-0549 (La.App. 1st Cir. 7/1/19), 2019WL2723560, writ denied, 19-01227 (La. 10/15/19), 280 So.3d 611 (unpublished opinion).[1]

         In Crosstex Energy Services. LP v. Texas Brine Company. LLC. 18-1213 (La.App. 1st Cir. 7/11/19), 2019WL3049762 (unpublished opinion), writ denied, 19-01126 (La. 7/17/19), 277 So.3d 1180, another panel of this court decided an identical appeal concerning the dismissal of Texas Brine's third-party contract claims against the AH1 well non-operators. Although Crosstex involves a different pipeline plaintiff than in the case subjudice, the Crosstex summary judgment dismissed the same Texas Brine third-party contract demands against the AH1 well non-operators that Texas Brine now challenges in this appeal.[2]

         After a thorough review of the record, we find no material distinctions between the evidence and arguments asserted in this appeal and in Crosstex, which we are bound to follow as the law of this circuit. See Pontchartrain Natural Gas System v. Texas Brine Company, LLC. 18-0001 (La.App. 1st Cir. 6/4/18), 253 So.3d 156, writ denied 18-1124 (La. 9/28/18), 253 So.3d 147. Thus, we affirm the district court's September 20, 2017 judgment dismissing Texas Brine's third-party contract claims against LORCA Corporation, Colorado Crude Company, Sol Kirschner, Reliance Petroleum Corporation, and Chicago Insurance Company. We issue this summary disposition in accordance with Uniform Rules-Courts of Appeal, Rule 2-16.2(A)(2) and (6), and we assess all costs of this appeal to Texas Brine Company, LLC. Further, we grant Colorado Crude Company's pending motion to file a supplemental brief.

         PENDING MOTION TO FILE SUPPLEMENTAL BRIEF GRANTED; ...


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