From our private database of 26,900+ case briefs...
Jacobs v. CNG Transmission Corp.
United States District Court for the Western District of Pennsylvania
332 F. Supp. 2d 759 (W.D. Pa. 2004)
Darryl Jacobs and his wife (plaintiffs) acquired a lessor’s interest in an oil and gas lease. CNG Transmission Corporation (CNG) (defendant) was the lessee. The lease’s granting clause stated that the purpose of the lease was for oil and gas production, with a further purpose of allowing CNG to store gas on the leasehold. The habendum clause of the lease provided for a 10-year primary term and stated that the lease would remain in effect for as long thereafter as the leasehold “or any other land pooled or utilized therewith . . . [was] operated by [CNG] in search for or production of oil or gas or as long as gas [was] being stored, held in storage, or withdrawn from the premises by [CNG].” The lease did not contain a provision expressly stating whether the lease was severable or entire. CNG never drilled on or pooled the leasehold, but did store gas in the subsurface of the property. The plaintiffs brought suit against CNG in the Court of Common Pleas of Armstrong County, seeking cancellation of the lease based on, among other things, a claim that the production, pooling, and storage provisions in the lease were severable. CNG removed the action to federal district court and argued that the lease was indivisible. Both parties cross-moved for summary judgment on this issue and on other grounds.
Rule of Law
Holding and Reasoning (Cercone, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 540,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 540,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.