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LEATHERS v. LEATHERS

No. 15-3264, No. 15-3280.

856 F.3d 729 (2017)

Michael R. LEATHERS, Plaintiff-Appellee, v. Ronald LEATHERS, Defendant-Appellant, and Internal Revenue Service; James Holden, Trustee for The Dirt Cheap Mine Trust, Defendants-Appellees, and Chesapeake Operating, Inc.; OXY USA Inc.; Anadarko Petroleum Company, L.P.; Pioneer Natural Resources U.S.A., Inc.; Merit Energy Company, Defendants. Joe Alfred Izen, Jr., Attorney-Appellee. Michael R. Leathers, Plaintiff-Appellee, v. Ronald Leathers; Ronda R. Olson; Rustin R. Leathers; Internal Revenue Service, Defendants-Appellees, James Holden, Trustee for The, a/k/a Dirt Cheap Mine Trust, Defendant-Appellant, and Chesapeake Operating, Inc.; OXY USA Inc.; Anadarko Petroleum Company, L.P.; Pioneer Natural Resources U.S.A., Inc., Defendants. Joe Alfred Izen, Jr., Movant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed May 2, 2017.

Attorney(s) appearing for the Case

Gary D. Fielder , Arvada, Colorado, for Ronald Leathers.

Joe Alfred Izen, Jr., Bellaire, Texas, for James Holden, Trustee for the Dirt Cheap Mine Trust, and Joe Alfred Izen, Jr.

Randolph L. Hutter , Attorney, Tax Division ( Caroline D. Ciraolo , Principal Deputy Assistant Attorney General, Francesca Ugolini, Attorney, Tax Division, and Barry R. Grissom , United States Attorney, appeared with him on the briefs), United States Department of Justice, Washington, D.C., for the Internal Revenue Service/United States.

Aaron L. Kite , Rebein Bangerter Rebein PA, Dodge City, Kansas, for Michael R. Leathers.

Derek S. Casey ( Grant D. Klise with him on the brief), Triplett, Woolf & Garretson, LLC, Wichita, Kansas, for Ronda R. Olson and Rustin R. Leathers.

Before BACHARACH, PHILLIPS, and McHUGH, Circuit Judges.

I. INTRODUCTION

This case involves a dispute over the ownership of mineral rights appurtenant to several tracts of land located in Haskell County, Kansas, as well as the royalties due on those mineral rights. Michael Leathers and his brother Ronald Leathers each inherited half of these mineral rights from their mother...

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