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  5. 903 P.2d 259 (1994)
 

TXO v. COMMISSIONERS OF LAND OFFICE

Nos. 78205, 78961.

903 P.2d 259 (1994)

TXO PRODUCTION CORP., a Delaware corporation; and Delhi Gas Pipeline Corporation, a Delaware corporation, Appellees/Appellants/Counter-Appellees, v. STATE of Oklahoma, ex rel., COMMISSIONERS OF the LAND OFFICE; Clifton H. Scott, Auditor and Inspector; Sandy Garrett, Superintendent of Public Instruction; Gary Sherrer, President of the State Board of Agriculture; Jack Mildren, Lieutenant Governor of the State of Oklahoma; David Walters, Governor of the State of Oklahoma; and Carol J. Ford, Acting Secretary of the Commissioners of the Land Office, Appellants/Appellees/Counter-Appellants.

Supreme Court of Oklahoma.

As Amended on Limited Grant Rehearing, with Rehearing being otherwise Denied October 5, 1995.

Attorney(s) appearing for the Case

Thomas J. Enis, Barbara G. Bowersox, David L. Kearney, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, for appellees/appellants/counter-appellee.

James T. Dupre, Perry E. Kaufman, Oklahoma City, for appellants/appellees/counter-appellants.

Ralph E. Seals, Jr., McKnight & Gasaway, Enid, for amicus curiae, Ward Petroleum Corp.

SIMMS, Justice:

Defendants, Commissioners of the Land Office and the individual members in their official capacity (Commissioners), appeal the order of the trial court granting summary judgment to plaintiffs, TXO Production Corp. and Delhi Gas Pipeline Corporation1 (TXO), on TXO's declaratory action regarding post-production costs under an oil and gas lease. The trial court held TXO properly withheld post-production costs from its royalty...

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