NORTHERN NATURAL GAS CO. v. HEGLER

Nos. 83-2624, 83-2625, 83-2675 to 83-2677, 84-1034 to 84-1036, 84-1083, 84-1261, 84-1263, 84-1267 and 84-1298.

818 F.2d 730 (1987)

NORTHERN NATURAL GAS COMPANY, et al., Helex Group, v. O.W. HEGLER, et al., Landowner Group, and Mobil Oil Corporation, et al., Lessee-Producer Group.

United States Court of Appeals, Tenth Circuit.

May 13, 1987.


Attorney(s) appearing for the Case

Louis Nizer of Phillips, Nizer, Benjamin, Krim & Ballon, New York City (George Berger and Janet P. Kane of Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Charles E. Foster, Los Angeles, Cal., John A. Rayll of Cities Service Co., Tulsa, Okl., Craig A. Coulter of Robinson, Boese, Davidson & Sublett, Tulsa, Okl., Clifford L. Malone of Adams, Jones, Robinson and Malone, Chartered, Wichita, Kan., with him on briefs), for Cities Service Gas Co., Cities Service Helex, Inc. and Cities Service Cryogenics, Inc.

Patrick J. McCarthy, Omaha, Neb. (Dean W. Wallace, Omaha, Neb., Mark H. Adams, II and Teresa J. James of Adams, Jones, Robinson & Malone, Chartered, Wichita, Kan., with him on briefs), for Northern Natural Gas Co., Northern Gas Products and Northern Helex Co.

Laura Frossard, Attorney, Dept. of Justice, Washington, D.C. (Myles E. Flint, Acting Asst. Atty. Gen., F. Henry Habich II, Asst. Atty. Gen., Jacques B. Gelin, Andrew Walch, Janet L. Steckel, Attorneys, Dept. of Justice, Washington, D.C., with her on briefs, John Trezise and Robert Moll, Dept. of the Interior, Washington, D.C., of counsel), for U.S.

Dale M. Stucky of Fleeson, Gooing, Coulson & Kitch, Wichita, Kansas (Gerrit H. Wormhoudt and John T. Conlee of Fleeson, Gooing, Coulson & Kitch, Wichita, Kansas, B.E. Nordling and Leland E. Nordling of Kramer, Nordling, Nordling & Tate, Hugoton, Kansas, Gene Stipe and Richard L. Gossett of Stipe, Gossett, Stipe & Harper, McAlester, Oklahoma, Leo Winters, W.A. McWilliams, Oklahoma City, Okl., with him on briefs), for O.W. Hegler, et al., Landowner Group.

Gerald Sawatzky of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan. (Jim H. Goering of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for Ashland Oil, Inc., Atlantic Richfield Company, Cabot Petroleum Corp., Dorchester Gas Producing Co., Helmerich & Payne, Inc. and Texaco, Inc.; Robert J. O'Connor and Jerome E. Jones of Hershberger, Patterson, Jones & Roth, Wichita, Kan., for Diamond Shamrock Corp., Mapco Production Co., Mobil Oil Corp., and Superior Oil Co.; Glenn D. Young, Jr. of Gott, Young & Bogle, P.A., Wichita, Kan., for Amoco Production Co. and Gulf Oil Corp., with him on briefs).

Before McKAY and SETH, Circuit Judges, and KANE, District Judge.


SETH, Circuit Judge.

This litigation commenced as interpleader actions brought in the District of Kansas. However, they were related to parallel litigation in Oklahoma and our opinions in the Oklahoma appeals were made applicable to the Kansas trials.

Our remand opinion of these Kansas cases appears as Northern Natural Gas Co. v. Grounds, 666 F.2d 1279 (10th Cir.). On remand the trial court heard testimony and received...

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