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HULL v. SUN REFINING AND MARKETING CO.

No. 71179.

789 P.2d 1272 (1989)

Robert C. HULL, Jr., W.S. Voit, and W.F. Bonner, Jr., Trustees of the Edward F. Reed Trust, and Edward E. Tuttle, Merlin W. Call and Sam T. Allen, III, Trustees of the Mary Elizabeth Reed and the Margaret R. Kosek Trust, Plaintiffs/Appellees/Cross-Appellants, v. SUN REFINING AND MARKETING COMPANY, Defendant/Appellant/Cross-Appellee.

Supreme Court of Oklahoma.

As Corrected May 3, 1990.

Rehearing Denied May 4, 1990.

Attorney(s) appearing for the Case

Philip D. Hart, Steven W. Bugg, Oklahoma City, for defendant/appellant/cross-appellee.

Robin Stead, Norman, Fred A. Gipson, Seminole, for plaintiffs/appellees/cross-appellants.

Clyde A. Muchmore, Mark D. Christiansen, Oklahoma City, for amicus curiae Koch Oil Co., Total Petroleum, Inc., The Permian Corp, and Citgo Petroleum Corp.

KAUGER, Justice.

The issues presented are: 1) whether a lessor's demonstration of marketable title is sufficient to maintain an action under 52 O.S.Supp. 1985 § 540,1 providing for the payment of proceeds from oil and gas production; 2) whether lessors are bound by a contract provision implied from custom and usage requiring execution of a division order in a contract negotiated by a lessee...

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