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SUNBURST EXPLORATION, INC. v. JENSEN

No. 5513.

635 P.2d 822 (1981)

SUNBURST EXPLORATION, INC., a corporation, Appellant (Defendant), v. John JENSEN, J. Wallace Jensen, Alma J. Hintze, Hugh J. Hintze, Beth H. Beck, Lehi J. Hintze, and Marion H. Monson, Appellees (Plaintiffs).

Supreme Court of Wyoming.

November 9, 1981.

Attorney(s) appearing for the Case

Joseph E. Vlastos, of Vlastos, Reeves & Murdock, Casper, signed the brief and appeared in oral argument on behalf of appellant.

Houston G. Williams, of Williams, Porter, Day & Neville, P.C., Casper, signed the brief and appeared in oral argument on behalf of appellees.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY, and BROWN, JJ.

ROONEY, Justice.

Appellant-defendant appeals from a summary judgment which determined the rights of the parties under an agreement between their predecessors in interest, specifically determining that the overriding royalty interest now to be paid under the agreement by appellant to appellees is in the amount of 10 percent (5 percent plus 5 percent) and not 2 1/2 percent (1 1/4 percent plus 1 1/4 percent).

We affirm.

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