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QUINLAN v. KOCH OIL CO.

Nos. 92-5219, 92-5223.

25 F.3d 936 (1994)

James F. QUINLAN, Plaintiff-Appellee/Cross-Appellant, v. KOCH OIL COMPANY, A DIVISION OF KOCH INDUSTRIES, INC., Defendant-Appellant/Cross-Appellee, Phillips Petroleum Company; GPM Gas Corporation; Texaco Trading and Transportation, Inc., Amicus Curiae, National Association of Royalty Owners; Oklahoma Chapter of the National Association of Royalty Owners, Movant-Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Decided June 1, 1994.

Attorney(s) appearing for the Case

Kelley D. Sears, Koch Industries, Inc., Wichita, KS (Cathy A. Ervin, Koch Industries, Inc., Wichita, KS, Stephen R. Clark of McCormick, Andrew & Clark, Tulsa, OK, with him on the brief), for defendant-appellant/cross-appellee.

Sam T. Allen, IV of Loeffler, Allen & Ham, Sapulpa, OK, for plaintiff-appellee/cross-appellant.

Randle G. Jones, Texaco Trading and Transp., Inc., New Orleans, LA, Shelley Himel, Phillips Petroleum Co., GPM Gas Corp., Oklahoma City, OK, filed an amicus curiae brief for Texaco Trading and Transp., Inc., Phillips Petroleum Co., and GPM Gas Corp.

Robin Stead of Stead & Associates, Norman, OK, filed an amicus curiae brief for the Nat. Ass'n of Royalty Owners and the Oklahoma Chapter of the Nat. Ass'n of Royalty Owners.

Before SEYMOUR, Chief Judge, LOGAN, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY and HENRY, Circuit Judges and KANE, District Judge.

ORDER

The court has for consideration petitions for rehearing filed by Texaco Trading and Transportation Inc., Phillips Petroleum Company and GPM Gas Corporation, as well as a petition for rehearing with suggestion for rehearing in banc filed by Koch Oil Company and Quinlan's response thereto. The Court also has for consideration Koch's motion for leave to file a reply brief.

Upon consideration whereof, Koch's motion to file a reply brief is denied.

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