Grinnell v. Munson’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““IN” B-l was no longer capable of producing after 1984 at the latest because, in 1984, the “well was re-perforated at a depth within the NNG Farmout Acreage after sealing off the perforation in the NNG Farmout Acreage.” “IN” B-2 was no longer capable of producing as of 1993 when it was plugged and abandoned by Enron. In 1993, Enron filed a notice of intent to plug and abandon the “IN” B-3 well, which indicated Enron did not believe this well was capable of producing in paying quantities. The well did not begin to again produce until 1998 when Killam reworked the well by pulling and replacing the tubing, cleaning out the wellbore, re-perforating and then fracing the well in 1998. Without this work-over, the well was not capable of producing in paying quantities in the condition it was in between 1993 and the date Killam reworked the well. The B-2 well ceased producing on Lease B in February 1993 and did not produce during the remainder of 1993, or throughout 1994, 1995, 1996, 1997, or 1998. Pursuant to the terms of the 1978 OA, EOG was required to send Killam a notice of the anticipated shutting in of the well prior to doing so if the well was capable of producing. Marshall could find no such notice in Killam’s records. Further, this well did not produce at a profit for any month between January 1992 and February 1993 and, therefore, this well could not have produced in commercial quantities upon cessation of production in February 1993 because the well operated at a loss. The”

   1 later decision quote this exact passage
   e.g. EOG Resources, Inc. v. Killam Oil Co., Ltd.

2. “We believe that the phrase “capable of production in paying quantities” means a well that will produce in paying quantities if the well is turned “on,” and it begins flowing, without additional equipment or repair. Conversely, a well would not be capable of producing in paying quantities if the well switch were turned “on,” and the well did not flow, because of mechanical problems or because the well needs rods, tubing, or pumping equipment.”

   1 later decision quote this exact passage
   e.g. EOG Resources, Inc. v. Killam Oil Co., Ltd.

3. “the lease shall remain in force so long as operations on said well or for drilling or reworking of any additional well are prosecuted with no cessation of more than sixty (60) consecutive days, and if they result in the production of oil, gas or other mineral, so long thereafter as oil, gas or other mineral is produced from said land or acreage pooled therewith. 11”

   1 later decision quote this exact passage
   e.g. Prize Energy Resources, L.P. v. Cliff Hoskins, Inc.