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BOWERS v. PHILLIPS PETROLEUM CO.

No. 82-1014.

692 F.2d 1015 (1982)

Mary Gladys BOWERS, et al., Plaintiffs-Appellants, v. PHILLIPS PETROLEUM CO., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 6, 1982.

Attorney(s) appearing for the Case

Ronald D. Nickum, Amarillo, Tex., for plaintiffs-appellants.

Rain, Harrell, Emery, Young & Doke, Michael V. Powell, Morris Harrell, Dallas, Tex., Don Jemison, Phillips Petroleum Co., Legal Div., Bartlesville, Okl., for defendants-appellees.

Dennis M. Dylewski, John L. Verner, Houston, Tex., for Natural Gas Pipeline Co. of America, amicus curiae.

Before GARZA, TATE and WILLIAMS, Circuit Judges.

TATE, Circuit Judge:

In this Texas diversity suit, the plaintiffs (Bowers), lessors of the mineral rights of Texas oil and gas fields, seek additional royalties under their leases with the defendant, Phillips Petroleum Company (Phillips). Bowers claims that Phillips did not pay royalties based on the "market value" of Phillips' subsequent sales of the gas from the leased properties. Phillips had sold the gas in interstate commerce at the maximum prices permitted by...

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