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HOWELL PETROLEUM CORP. v. LEBEN OIL CORP.

No. 91-6156.

976 F.2d 614 (1992)

HOWELL PETROLEUM CORPORATION, Plaintiff-Appellant, v. LEBEN OIL CORPORATION; Samson Resources Company; Samson Resources Company, doing business as Ace Company; Charles Schusterman; Charles O. Schusterman, as Trustee; Central Bank and Trust Company of Tulsa, formerly known as Sunbelt Bank and Trust, formerly known as Republic Bank and Trust Company, as Special Trustee of the Jerome Reed Schusterman Irrevocable Trust Dated May 3, 1977; Lynn N. Schusterman, and Central Bank and Trust Company of Tulsa, formerly known as Sunbelt Bank and Trust Co., formerly known as Republic Bank and Trust Company, Co-Trustees of the Jerome Reed Irrevocable Trust Dated May 3, 1977; Lynn N. Schusterman and Central Bank and Trust Company of Tulsa, formerly known as Sunbelt Bank and Trust Company formerly known as Republic Bank and Trust Company, Co-Trustees of the Harold Josey Schusterman's Children's Irrevocable Trust dated May 3, 1977; Lynn N. Schusterman and Central Bank and Trust Company of Tulsa, formerly known as Sunbelt Bank and Trust Company, formerly known as Republic Bank and Trust Company, Co-Trustee of the Stacey Helen Schusterman's Children's Irrevocable Trust Dated May 3, 1977; Charles O. Schusterman, as Trustee, and Central Bank and Trust Company of Tulsa, formerly known as Sunbelt Bank and Trust Company, formerly known as Republic Bank and Trust Company, as Special Trustee of the Stacy Helen Schusterman Irrevocable Trust Dated May 3, 1977, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 2, 1992.

Attorney(s) appearing for the Case

B.J. Rothbaum (William P. Warden, David E. Pepper and Brinda K. White on the briefs), of Linn & Helms, Oklahoma City, Okl., for plaintiff-appellant.

J. Michael Medina (Keith F. Sellers and Darrell G. Ford with him on the brief), of Holliman, Langholz, Runnels & Dorwart, Tulsa, Oklahoma, for defendant-appellee Leben Oil Corp.

James A. Kirk, James M. Chaney and Matthew L. Standard of Kirk & Chaney, Oklahoma City, Okl., filed a brief on behalf of non-Leben defendants-appellees.

Before McKAY, Chief Judge, LOGAN and BALDOCK, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Howell Petroleum Corporation brought a diversity action in federal district court against Leben Oil Corporation, Samson Resources Company, and others, seeking to enforce its alleged rights to a deferred working interest in certain gas and oil leases pursuant to a farmout agreement. Plaintiff alleged a right to revenues from the asserted working interest, and requested relief in the form of an accounting of all revenues defendants had...

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