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KLEIN v. JONES

Nos. 91-1995, 91-2239.

980 F.2d 521 (1992)

Bob KLEIN and Genevieve Klein, John Frank Pendergrass, Sam Thompson, Margaret Schaffer, Clymer Law, and Donnie Hall, Plaintiffs/Appellants, v. Jerral W. JONES and Michael V. McCoy, Defendants/Appellees. Bob KLEIN and Genevieve Klein, John Frank Pendergrass, Sam Thompson, Margaret Schaffer, Clymer Law and Donnie Hall, Plaintiffs/Appellants, v. ARKOMA PRODUCTION COMPANY, Arkla, Inc., Arkla Exploration Company, Jerral W. Jones and Michael McCoy, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1992.

Rehearing and Rehearing Denied January 22, 1993.

Attorney(s) appearing for the Case

Douglas O. Smith and Bradley D. Jesson, Fort Smith, Ark., argued (Rex M. Terry, P.K. Holmes III, and Lonnie C. Turner, on the brief), for appellant.

Roger W. Yoerges, Washington, D.C., argued (Gary D. Wilson, Washington, D.C. and Mark A. Moll, Fort Smith, Ark., on the brief,) for Jones & McCoy.

Jerry Canfield, Fort Smith, Ark., argued, for Arkoma Co.

Before BEAM, Circuit Judge, BRIGHT, Senior Circuit Judge, and VAN SICKLE, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 22, 1993.

VAN SICKLE, Senior District Judge.

BACKGROUND

The events leading up to this lawsuit occurred against a background that was recently discussed by the Supreme Court. We quote from the syllabus:

In response to ongoing natural gas shortages, Congress enacted the Natural Gas Policy Act of 1978 (NGPA), which, inter alia, established higher...

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