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HILLIARD v. SHELL WESTERN E & P, INC.

No. 5:93-CV-21.

836 F.Supp. 1365 (1993)

Kenneth R. HILLIARD and Gregory D. Styles, Trustee under Trust Agreement dated May 5, 1979, Plaintiffs, v. SHELL WESTERN E & P, INC., a Delaware corporation, Defendant.

United States District Court, W.D. Michigan, S.D.

November 2, 1993.

Attorney(s) appearing for the Case

Dale W. Rhoades, Kurt D. Hassberger, Rhoades, McKee, Boer, Goodrich & Titta, Grand Rapids, MI, Philip R. Rosi, John W. Tilley, Rosi, Senger & Tilley, PC, Traverse City, MI, for plaintiffs.

Webb A. Smith, Scott A. Storey, Foster, Swift, Collins & Smith, PC, Lansing, MI, for defendant.

OPINION

QUIST, District Judge.

Plaintiffs are holders of royalty interests as lessors of mineral rights in oil wells leased to defendant Shell Western E & P, Inc. (Shell). They claim that Shell has wrongfully deducted from their royalty payments a 1% pro rata share of the regulatory fee imposed under the Michigan Supervisor of Wells Act, Act 61 of the Michigan Public Acts of 1939, as amended, M.C.L.A. § 319.1 et seq., M.S.A. §...

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