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CHAMPLIN PETROLEUM CO. v. INGRAM

No. 76-1427.

560 F.2d 994 (1977)

CHAMPLIN PETROLEUM COMPANY, Appellee, v. Donald C. INGRAM and John C. Ingram, Appellants, Trust created by the Last Will and Testament of Jay P. Walker, Deceased, et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 12, 1977.

Attorney(s) appearing for the Case

John M. Imel, Tulsa, Okl. (E. B. Grimes, Robstown, Tex., and Moyers, Martin, Conway, Santee & Imel, Tulsa, Okl., of counsel, with him on the brief), for appellants.

Frederic Dorwart, Tulsa, Okl. (J. Michael Medina, and Holliman, Langholz, Runnels & Dorwart, Tulsa, Okl., and David L. Motloch, Champlin Petroluem Co., Fort Worth, Tex., of counsel, with him on the brief), for appellee, Champlin Petroleum Co.

Horace D. Ballaine, Tulsa, Okl. (Conner, Winters, Ballaine, Barry & McGowen, Tulsa, Okl., of counsel, with him on the brief), for appellees, Trust B Created by the Last Will and Testament of Jay P. Walker, Deceased, et al.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, Senior District Judge.

SETH, Circuit Judge.

This statutory interpleader action was brought by Champlin Petroleum Company to resolve a dispute between the royalty owners and the working interest owners as to the amount of royalties to be paid on the sale of residue gas from an oil and gas lease. The dispute centers on the language of the royalty provisions of the supplemental lease, and the question is whether the royalty on the residue gas is one-eighth or one-tenth.

The case was...

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