First Tennessee Bank Nat'l Assoc., et al. v. Pathfinder Exploration, et al., No. 13-2448 (8th Cir. 2014)
Annotate this CaseFirst Tennessee and members of the Gregg family filed suit against Pathfinders and its assignees for breaching an oil and gas lease. The district court granted summary judgment in favor of Pathfinder, finding the case analagous to Frein v. Windsor Weeping Mary, LP. The court concluded, as in Frein, the best evidence of Arkansas law, that a large-up front payment with a surrender clause creates an option to cancel the lease, which Pathfinder exercised. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Oil and Gas law. Frein v. Windsor Weeping Mary, LP, 366 S.W. 3d 367 (Ark. App. 2009)is the best evidence of Arkansas law, and the district court did not err in relying on it to determine that defendant properly exercised a surrender provision in the parties' oil and gas exploration lease.
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