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ZILKHA ENERGY CO. v. LEIGHTON

No. 89-6306.

920 F.2d 1520 (1990)

ZILKHA ENERGY COMPANY, Plaintiff-Appellant, v. Arthur LEIGHTON, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank Thompson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 10, 1990.

Attorney(s) appearing for the Case

William A. Johnson (David E. Pepper with him on the briefs), of Linn & Helms, Oklahoma City, Okl., for plaintiff-appellant.

James C. Bass (Roger D. Everett with him on the briefs), of Porta, Bass, Bass and Everett, P.C., El Reno, Okl., for defendants-appellees.

Before MOORE, TACHA and BRORBY, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal from the dismissal of a complaint seeking recovery of alleged overpayments of oil and gas royalties. Plaintiff, successor to a chapter 11 debtor in possession, sought recovery on three theories, including a bankruptcy law claim of a trustee's right to pursue actions as an hypothetical lien creditor under 11 U.S.C. § 544(a)(1). The district court dismissed the action as time barred. While part of the court's reasoning...

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