COOSEWOON v. MERIDIAN OIL CO.

No. 93-6011.

25 F.3d 920 (1994)

Kenneth COOSEWOON; Loraine Mathews; Sherrill James Chasenah; Guy Ware; Trina Ware Stumblingbear; Vivan Ware; Pressley Ware; Cecilia McFarland; Marcie Davilla, Plaintiffs-Appellants, v. MERIDIAN OIL COMPANY, a Delaware corporation; United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 25, 1994.


Attorney(s) appearing for the Case

Jeffrey P. Southwick, Oklahoma City, OK, for plaintiffs-appellants.

Fred M. Buxton (J. Kevin Hayes and Margaret A. Swimmer with him on the brief), of Hall, Estill, Hardwick, Gable, Golden and Nelson, Tulsa, OK, for Meridian Oil.

Joan Pepin, Dept. of Justice (Myles E. Flint, Acting Asst. Atty. Gen., Joe Heaton, U.S. Atty., M. Kent Anderson, Asst. U.S. Atty., Oklahoma City, OK, David C. Shilton and Katherine L. Adams, Dept. of Justice, Environmental and Natural Resources Div., Howard Chalker and Beverly Ohline, Dept. of Interior, on the brief), for U.S.

Before ANDERSON and BALDOCK, Circuit Judges, and KANE, District Judge.


BALDOCK, Circuit Judge.

Plaintiffs appeal the district court's Fed. R.Civ.P. 12(b)(6) dismissal of some of the claims and grant of summary judgment as to the remaining claims in their complaint. We have jurisdiction under 28 U.S.C. § 1291.

In 1977, Plaintiffs' predecessors in interest executed two oil and gas leases with Kirby Exploration Company ("lessee") on restricted Indian land in Caddo County, Oklahoma, reserving the right to receive a twenty percent...

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