WHITEBIRD v. EAGLE-PICHER COMPANY

Nos. 9303-9305.

390 F.2d 831 (1968)

Robert A. WHITEBIRD, George A. Romick, Phillip A. Romick, Jr., Woodrow Greenback, Lula May Greenback, Amy Greenback, Shirley Greenback Sixkiller, Charm Vallaire King and Walter King, Appellants, v. The EAGLE-PICHER COMPANY, a corporation, Appellee. Pearl Crawfish PEERY, Thomas E. Crawfish, Alice Gilmore, Alice Marie C. Tuthill and Chester Woodard, Appellants, v. The EAGLE-PICHER COMPANY, a corporation, Appellee. Ida Louise McQuillin KILLOUGH, Appellant, v. The EAGLE-PICHER COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 14, 1968.


Attorney(s) appearing for the Case

W. Rodney DeVilliers, Albuquerque, N. M. (W. L. Eagleton and James R. Eagleton, Tulsa, Okl., on brief), for appellants.

John R. Wallace, Miami, Okl. (Ben T. Owens, Melvin H. Landers, Robert S. Gee, R. Bruce Carter, Miami, Okl., on brief), for appellee.

Before WOODBURY, LEWIS and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

This is an appeal from a judgment of the trial court denying an accounting and recovery of additional royalty allegedly due appellants, Whitebird et al., under two consecutive sets of mining leases.

The questions presented are:

Is Eagle-Picher obligated to account for and pay a royalty based upon its gross sales receipts from all minerals and mineral elements mined and sold from the leases under the 1922 and 1945 provisions?...

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