STATE v. MONCRIEF

No. 85-283.

720 P.2d 470 (1986)

The STATE of Wyoming, Ed Herschler, Thyra Thomson, James B. Griffith, Stan Smith, and Lynn Simons, as members of the Board of Land Commissioners, James B. Griffith, as State Auditor, and Howard M. Schrinar, as Commissioner of Public Lands, Appellants (Defendants), v. W.A. MONCRIEF, Jr., Texaco Oil Company, Monsanto Oil Company, nka BHP Petroleum Company, Inc., ANR Production Company, Coastal Oil and Gas Corporation, Sohio Petroleum Company, Grace Petroleum Corp. and C.B. Moncrief, Appellees (Plaintiffs).

Supreme Court of Wyoming.

June 3, 1986.


Attorney(s) appearing for the Case

A.G. McClintock, Atty. Gen., Michael L. Hubbard, Senior Asst. Atty. Gen., Michael R. O'Donnell and Clinton D. Beaver, Asst. Attys. Gen., for appellants.

Morris R. Massey and William H. Brown of Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellees W.A. Moncrief, Jr. and C.B. Moncrief.

Marvin G. Twenhafel, Denver, Colorado; and Richard L. Williams of Williams, Porter, Day & Neville, P.C., Casper, for appellee Texaco Oil Co.

William T. Schwartz of Schwartz, Bon, McCrary & Walker, Casper, Bruce F. Kiely, Thomas J. Eastment, and Peter A. Moir of Baker & Botts, Washington, D.C., and Kenneth R. Satterly, Houston, Tex., for appellee Monsanto Oil Co. nka BHP Petroleum Co., Inc.

Houston G. Williams of Williams, Porter, Day & Neville, P.C., Casper, for appellee ANR Production Co.

H. Vincent Draa, III, Houston, Tex., and Thomas A. Nicholas of Hirst & Applegate, Cheyenne, for appellee Coastal Oil and Gas Corp.

John S. Carr, Houston, Tex., Warren J. Ludlow, Dallas, Tex., and Paul B. Godfrey and John A. Sundahl of Godfrey & Sundahl, Cheyenne, for appellee Sohio Petroleum Co.

Robert C. Hawley and Gretchen VanderWerf of Hawley & VanderWerf, Denver, Colo., for appellee Grace Petroleum Corp.

Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.


MACY, Justice.

This case involves the interpretation and construction of the royalty clauses contained in six oil and gas leases on common school and state law library lands. The district court entered partial summary judgment in favor of the lessees. The State has appealed.

We reverse.

The State raises the following issues:

"I. DID THE DISTRICT COURT ERR IN ITS INTERPRETATION OF THE LEASES WHEN IT RENDERED PORTIONS

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