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INDEPENDENT GAS & OIL PRODUCERS v. UNION OIL CO.

No. 80-1380.

669 F.2d 624 (1982)

INDEPENDENT GAS & OIL PRODUCERS, INC., Plaintiff-Appellant, v. UNION OIL COMPANY OF CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1982.

Attorney(s) appearing for the Case

Richard C. Ford of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for plaintiff-appellant.

John C. Moricoli, Jr., Oklahoma City, Okl. (Michael R. Wilson, Oklahoma City, Okl., with him on the brief), of Watson, McKenzie & Moricoli, Oklahoma City, Okl., for defendant-appellee.

Before BARRETT, DOYLE, and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

This diversity case involves examination of an oil and gas agreement under Oklahoma law. At issue is the validity of the claim of an overriding royalty interest by Union Oil of California (Union) in an oil and gas lease obtained by Independent Oil & Gas Producers, Inc. (Independent). The trial court upheld the claim, and we affirm.

The basic circumstances generating this appeal are not in controversy. In 1957, the owner of the minerals...

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