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Macpherson Oil Company v. Smoot CA5
Macpherson filed its original complaint in July 2013. Macpherson alleged two causes of action for declaratory relief to resolve disputes as to the ongoing rights and obligations of Smoot, as lessor, and Macpherson, as lessee, under the 1926 oil and gas lease. Macpherson sought to establish that it did not need to bury its pipelines below “plow depth” under the lease as demanded by Smoot and that it was properly calculating certain royalty payments. Macpherson also alleged a cause of action for breach of the 1926 lease asserting that “Smoot’s bad faith demand that Macpherson bury all of its pipelines currently on the surface” of the leased land interfered with the benefits Macpherson was entitled to under the lease.

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