COM'RS OF LAND OFFICE v. BUTLER

No. 51609.

753 P.2d 1334 (1987)

The STATE of Oklahoma, ex rel., COMMISSIONERS OF the LAND OFFICE, Appellant, v. Claude R. BUTLER, Appellee.

Supreme Court of Oklahoma.

Dissenting Opinion May 24, 1988.

Rehearing Denied May 24, 1988.


Attorney(s) appearing for the Case

Paul DeGraffenreid and R.R. Williamson, Jr., Oklahoma City, for appellant.

John S. Athens, Russell H. Harbaugh, Jr., Douglas L. Inhofe, Conners, Winters, Ballaine, Barry & McGowen, Tulsa, for appellee.

Lee R. West, J. Clayton, LaGrone, Richard A. Paschal, James E. Green, Jr., Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, P.C., for amicus curiae.


SIMMS, Justice.

The issue presented by this appeal is whether a reservation of an interest in "oil, gas and other mineral rights" includes coal. We hold it does not. Our holding is consistent with a long and unanimous line of cases. Our earlier opinion in this matter has previously been ordered withdrawn. Rehearing is granted, and this opinion is substituted therefor.

Claude Butler, the appellee, brought action to...

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