Brooks v. Barbour Energy Corp.

804 F.2d 1144
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 5, 1986
DocketNos. 85-1370, 85-1711
StatusPublished
Cited by32 cases

This text of 804 F.2d 1144 (Brooks v. Barbour Energy Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Barbour Energy Corp., 804 F.2d 1144 (10th Cir. 1986).

Opinion

McKAY, Circuit Judge.

The appellants are a group of investors consisting of Bert Brooks, Jr., Mary Jane Wolk, M.J. Resources, Inc., and Phyllis Katherin Little (the Brooks Group). The appellee, Barbour Energy Corporation (Barbour), is an Oklahoma corporation engaged in exploring for, acquiring, and developing oil and gas property. It provides investors opportunities to participate in these exploration activities.

Barbour and the Brooks Group entered into a comprehensive written agreement, which the parties referred to as the “Participation Agreement,” concerning the Brooks Group’s participation in Barbour’s acquisition and development of oil and gas property. The two parties also entered into an “Agency and Nominee Agreement” under which the Brooks Group made Barbour its agent for collecting oil revenues. The Brooks Group subsequently sued Barbour in the United States District Court for the Western District of Oklahoma, asserting that Barbour had wrongfully withheld oil and gas proceeds. The parties held an extended settlement conference before Judge Lee R. West and tentatively resolved their dispute. A court reporter made a record of this conference, and several months later the.parties entered into a written agreement memorializing the settlement. Pursuant to this settlement agreement, the court entered an order dismissing the suit with prejudice.

The settlement agreement is an eighteen page document containing convoluted waiver provisions. The Brooks Group waived and released “all claims arising out of the Participation Agreement and Agency and Nominee Agreement.” Record, vol. 2, at 13. Barbour agreed that the Brooks Group could join, but not initiate, litigation concerning two claim areas: the West Guthrie Lake prospect and the Southwest Stroud prospect. However, the agreement permitted the Brooks Group to join such litigation only if the suit asserted claims unrelated to the Participation Agreement. Id. at 13-14.

Just three months after the parties settled, the Brooks Group intervened in an already-commenced lawsuit dealing with the West Guthrie Lake prospect. The Brooks Group based their intervention on claims arising from a “letter agreement” and upon “industry custom.” Barbour moved to open the already-settled federal district court case to obtain a temporary and permanent injunction against the Brooks Group’s participation in the state court lawsuit. The district court granted Barbour’s application for an injunction. It found that the “letter agreement” was entered into pursuant to the original Participation Agreement, and concluded that “industry custom” was merged into the original Participation Agreement. Later, the district court determined that the Brooks [1146]*1146Group had willfully and deliberately engaged in frivolous relitigation of the settled claims and awarded Barbour $30,000 in attorney’s fees.

The Brooks Group argues that the Anti-Injunction Act should have deprived the district court of jurisdiction to enjoin the state proceedings. 28 U.S.C.A. § 2283 (West 1978). The Act states: “A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” Id. The third exception to this Anti-Injunction Act — termed the “relitigation exception” — is designed to allow a federal court to enjoin state proceedings dealing with the same issues that it fully adjudicated on the merits. Barbour argues that, because this case was dismissed pursuant to a settlement agreement, it was not fully adjudicated on the merits and thus the Act prohibits the injunction.

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Bluebook (online)
804 F.2d 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-barbour-energy-corp-ca10-1986.