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SALMON v. CITIES SERVICE OIL CO.

Nos. 77-1232, 77-1234.

592 F.2d 1114 (1979)

Margaret Vivian SALMON, Calista J. Salmon and James D. Salmon, Individually and as the heirs and Personal Representatives of Martha Isabelle Salmon, Deceased, Plaintiffs-Appellees, v. CITIES SERVICE OIL COMPANY, a corporation, and Shell Oil Company, a corporation, Defendants-Appellees, Cross-Appellants, and Gladys L. Snead et al., Interpleaded Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 29, 1979.

Rehearing Denied March 28, 1979.

Attorney(s) appearing for the Case

Richard I. Stephenson, of Fleeson, Gooing, Coulson & Kitch, Wichita, Kan. (Dale M. Stucky, Wichita, Kan., with him on the brief), for plaintiffs-appellees.

Richard Jones, of Hershberger, Patterson, Jones & Roth, Wichita, Kan. (Robert F. LeBlanc, Sam Riggs, Jr., and Jack P. Grimaldi, Cities Service Oil Co., Tulsa, Okl., H. G. Bissonnet and F. H. Warner, Shell Oil Co., Houston, Tex., and Jack D. Sage, Hershberger, Patterson, Jones & Roth, Wichita, Kan., with him on the brief), for defendants-appellees, cross-appellants.

Paul B. Swartz, of Martin, Pringle, Schell & Fair, Wichita, Kan., for interpleaded defendants-appellants.

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

SETH, Chief Judge.

The plaintiff commenced this action for an accounting and to recover additional royalty payments for a period from March 1966 to October 1969. The amount sought to be recovered is the difference between royalty paid to plaintiffs based on actual production from their tract, and the greater amount that they would have been paid in the aggregate had they joined a unit at the outset. Had they so joined they would have received royalty based on an allocation...

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