Phillis IDEAL, Jose E. and Clara E. Gomez Living Trust, and J. Fidel Candelaria, Plaintiffs-Respondents,
v.
BURLINGTON RESOURCES OIL & GAS COMPANY LP, successor in interest to Burlington Resources Oil and Gas Company, Defendant-Petitioner.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
April 27, 2010.
April 27, 2010.
Attorney(s) appearing for the Case
Holland & Hart, L.L.P., Michael B. Campbell, Robert Jackson Sutphin, Jr., Kristina Elena Martinez, Santa Fe, NM, for Petitioner.
Peifer, Hanson & Mullins, P.A., Cerianne L. Mullins, Matthew R. Hoyt, Charles R. Peifer, Robert E. Hanson, Eaves & Mendenhall, P.A., John M. Eaves, Sutin, Thayer & Browne, P.C., Derek Vincent Larson, Albuquerque, NM, Mary E. Walta, P.C., Mary E. Walta, Santa Fe, NM, for Respondents.
The Branch Law Firm, Turner W. Branch, Albuquerque, NM, Law Office of Karen Aubrey, Karen Aubrey, Santa Fe, NM, for Amicus Curiae.
Supreme Court of New Mexico.
OPINION
CHÁVEZ, Justice.
{1} Plaintiffs-Respondents (Plaintiffs) are royalty owners who brought a class action lawsuit claiming that Defendant-Petitioner (Burlington) has underpaid royalties by improperly deducting the costs and expenses associated with placing natural gas in a marketable condition. The district court certified a class under Rule 1-023(B)(2) and (B)(3) NMRA, finding that "[t]he common pre-tailgate deduction issues and the...
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