Helton, et al v. Tri-Union Devel Corp

* Pursuant to Fifth Circuit Rule 47.5, the Court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in Fifth Circuit
Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 30, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
____________
No. 05-20824
____________
IN RE: TRI-UNION DEVELOPMENT CORP.
Debtor.
ARCH W. HELTON; HELTON PROPERTIES, INC.
Appellants,
versus
TRI-UNION DEVELOPMENT CORPORATION,
Appellee.
Appeal from the United States District Court
For the Southern District of Texas
No. 4:04-CV-2013
Before GARWOOD, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*

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After reviewing the record in this case and considering the briefs of the parties and arguments
of counsel, we affirm the District Court's Judgment essentially for the reasons stated in its Order
dated July 29, 2005. The Bankruptcy Court correctly concluded, and the District Court correctly
affirmed, that summary judgment should be granted to Tri-Union Development Corp. on the
Appellants’ claims of drainage on the 7900' sand, underpayment of royalties or working interest
payments on the 8100' sand, and underpayment of royalties or working interest payments on the 8550'
sand. As a result, the Appellants are not entitled to an award of attorneys’ fees and costs.
AFFIRMED.

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