The plaintiffs claimed that EnerQuest acquired various interests that were subject to the area of mutual interest provision; EnerQuest argued that they were not.

After the district court ruled against EnerQuest on cross-motions for summary judgment, SDM appealed the case to the Fifth Circuit. The Fifth Circuit issued a published opinion agreeing with EnerQuest’s interpretation of the agreement, reversing the district court’s summary judgment order and rendering judgment and costs for EnerQuest.

Copies of the SDM briefs can be found here. A recording of the oral argument can be found here.