NORTHERN NATURAL GAS CO. v. GROUNDS

Nos. 74-1886 to 74-1894, 75-1014 to 75-1035 and 75-1051 to 75-1061.

666 F.2d 1279 (1981)

NORTHERN NATURAL GAS COMPANY, et al. (Helex Group), v. Ralph GROUNDS, et al. (Landowners Group), and Socony Mobil Oil Co., et al. (Lessee-Producer Group).

United States Court of Appeals, Tenth Circuit.

Decided November 16, 1981.

Rehearing Denied January 19, 1982.


Attorney(s) appearing for the Case

Emmet A. Blaes of Jochems, Sargent & Blaes, Wichita, Kan. (Wendell J. Doggett, Houston, Tex., and C. A. Conoley, Kansas City, Mo., with him on the brief), for National Helium Corp. and Panhandle Eastern Pipe Line Co.

Clifford L. Malone and Mark H. Adams, II, of Adams, Jones, Robinson & Malone, Chartered, Wichita, Kan. (Mark H. Adams, Wichita, Kan., with them on the brief), for Northern Natural Gas Co., Northern Helex Company, Northern Gas Products Co., Cities Service Gas Company, Cities Service Cryogenics, Inc., and Cities Service Helex, Inc. (Dean Wallace and Patrick J. McCarthy, Omaha, Neb., with them on the brief, for Northern Companies).

James B. Diggs, Oklahoma City, Okl., for Gulf Oil Corp.

Jack D. Sage of Hershberger, Patterson, Jones & Roth, Wichita, Kan. (Richard Jones, Wichita, Kan., with him on the brief), for Mobil Oil Corp., MAPCO, Inc., The Superior Oil Co. and Diamond-Shamrock Corp.

R. H. Landt, Denver, Colo. (Glenn D. Young, Jr., Wichita, Kan., with him on the brief), for Amoco Production Co.

Gerald Sawatzky of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for Ashland Oil, Inc., Atlantic Richfield Co., Cabot Corp., Dorchester Gas Producing Co., Helmerich & Payne, Inc., and Texaco, Inc. (Arloe W. Mayne and Douglas C. Brandon, Ashland, Ky., for Ashland Oil, Inc., James R. Coffee, Dallas, Tex., for Atlantic Richfield Company, William C. Charlton, Houston, Tex., for Cabot Corporation, Leon C. Gavras, Tulsa, Okl., for Helmerich & Payne, Inc. and J. Frederick Lawson, Tulsa, Okl., for Texaco, Inc., with him on the brief).

Joseph W. Kennedy of Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan. (Kenneth Heady, Gen. Counsel, C. J. Roberts, Associate Gen. Counsel, Don L. Jemison, Bartlesville, Okl., and L. K. Smith of Boone, Smith, Davis & Hurst, Tulsa, Okl., on the brief), for Phillips Petroleum Company.

Gerrit H. Wormhoudt, Wichita, Kan. (Dale M. Stucky and Donald R. Newkirk, Wichita, Kan., with him on the brief), for Ralph Grounds, O. W. Hegler, et al. (Landowners Group).

Laura Frossard, Atty., Dept. of Justice (Carol E. Dinkins, Asst. Atty. Gen., Jacques B. Gelin and Andrew F. Walch, Attys., Dept. of Justice, Washington, D. C., with her on the brief), for United States of America.

Before SETH, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

Consolidated Helium Cases II

The difficult issue determined by the United States District Court for the District of Kansas in its judgment of December 16, 1974, presented for our review involves the question of the reasonable value of the helium content of processed natural gas to be paid by the processors-extractors to the lessee-producers, who, in turn, must account by royalty payments to the landowners.

The appeal of these...

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