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DEARING v. COM'RS OF LAND OFFICE

No. 68980.

808 P.2d 661 (1991)

Harry I. DEARING; Geraldine Dearing; Anita Kamperman, an individual, and Anita Kamperman, Trustee Under the Will of W.G. Rogers, deceased, Appellants, v. STATE of Oklahoma, ex rel. COMMISSIONERS OF the LAND OFFICE; Board of County Commissioners of Roger Mills County; Helmerich & Payne, Inc., a Delaware corporation; ANR Pipeline Company, formerly Michigan-Wisconsin Pipeline Company, a Delaware Corporation; ANR Production Company, formerly American Natural Gas Production Company, a Delaware Corporation; Cary M. Maguire, Trustee for Maguire Oil Company; Cary M. Maguire, Trustee for Russell Ambler Maguire; Cary M. Maguire, Trustee for Cary McIlwaine Maguire; Cary M. Maguire, Trustee for Ann Blaine Maguire; Cary M. Maguire; Maguire Oil Company; Gasanadarko, Ltd., Daniel B. Stuart; Stephen B. Kahn; John Hancock Mutual Life Insurance Company, a Massachusetts corporation; The Clinton and Oklahoma Western Railroad Company, an Oklahoma Corporation; and The Atchison, Topeka and Santa Fe Railway Company, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied April 19, 1991.

Attorney(s) appearing for the Case

R. Clark Musser and Martha Marshall, Musser, Bunch, Robinson & Hirsch, Oklahoma City, for appellants.

Mary A. Robinson, Oklahoma City, for appellee, State.

James W. Shephard, Andrews, Davis Legg, Bixler Milsten & Murrah, Oklahoma City, for appellee, ANR Production Co.

Hugh D. Rice and Michael R. Perri, Rainey, Ross, Rice & Binns, Oklahoma City, for appellee, Atchison Topeka & Santa Fe Ry. Co.

Leon C. Gravas, Tulsa, for appellees, Helmerich & Payne, Inc. Daniel B. Stuart, Stephen B. Kahn, Cary M. Maguire, Trustee for Russell Ambler Maguire Cary McIlwaine Maguire Ann Blaine Maguire; and Maguire Oil Co.

James Mitchell, Asst. Dist. Atty., Roger Mills County, Cheyenne, for appellees, Bd. of County Com'rs Roger Mills County.

DOOLIN, Justice.

The appellants herein ("the Dearings") brought this action in the district court of Roger Mills County to quiet title to the minerals in a strip of land underlying a portion of railroad right of way in that county ("the railroad strip"). This is the third lawsuit brought to contest the ownership of the minerals and the second instituted by the Dearings.

The Dearings brought their first action in the...

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