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TXO PRODUCTION CORP. v. STANTON

No. 78018.

847 P.2d 821 (1992)

TXO PRODUCTION CORPORATION, a Delaware corporation, and Marathon Oil Company, an Ohio corporation, Appellants, v. Damian E. STANTON, Appellee.

Court of Appeals of Oklahoma, Division No. 2.

Certiorari Denied January 26, 1993.

Attorney(s) appearing for the Case

Linda A. King, King & King, Edmond, for appellants.

Kenneth R. Johnston, Allen, Allen, Johnston & Tack, Chickasha, for appellee.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 2.

REIF, Judge.

The sole issue presented is whether a landowner can recover attorney fees in a proceeding under the Surface Damages Act, 52 O.S. 1991 § 318.2 through 318.9, when the jury verdict exceeds the court-appointed appraisers' assessment by ten percent or more. In the proceeding below, the jury verdict of $22,000 was just over three times the appraisers' damage...

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