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FRANSEN v. CONOCO, INC.

Nos. 94-6234, 94-6268.

64 F.3d 1481 (1995)

Ruth FRANSEN, Martha Harms, Elsie Hinz, Wilson Mahone, Mary Gene McCoy, Tim Ruyle, Brenda K. Ruyle, Jeanette Stone, Jack Stone, Cassandra Gibbons, Woody Dean Gibbons, Del Gordon d/b/a G.M. Properties, and Orman E. McCartney, Jr., and Rosaline O. McCartney, Trustees Under the McCartney Family Trust as Amended and Restated April 17, 1986, Plaintiffs-Appellants, Kirkland Royalty, Inc., Additional Plaintiff, v. CONOCO, INC. (formerly Continental Oil Company), and C.I.G. Exploration, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 30, 1995.

Attorney(s) appearing for the Case

Michael J. Rovell (Lisa I. Fair with him on the brief) of Law Offices of Michael J. Rovell, Chicago, IL, for plaintiffs-appellants.

Gary W. Davis of Crowe & Dunlevy, Oklahoma City, OK (Mark D. Christiansen of Crowe & Dunlevy, Oklahoma City, OK, and Russell D. Howell of Conoco, Inc., Houston, TX, with him on the brief), for defendant-appellee Conoco, Inc.

Donna N. Blakley of Hall, Estill, Hardwick, Gable, Golden & Nelson, Oklahoma City, OK (Sharon Taylor Thomas of Hall, Estill, Hardwick, Gable, Golden & Nelson, Oklahoma City, OK, and Bruce Wolitarsky of C.I.G. Exploration, Inc., Houston, TX, with her on the brief), for defendant-appellee C.I.G. Exploration, Inc.

Charles B. Davis, Oklahoma City, OK, filed a brief for amicus curiae Association of Land and Mineral Owners.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and JENKINS, Senior District Judge.

JENKINS, Senior District Judge.

The plaintiffs own mineral interests in certain property in Oklahoma. They brought this diversity action against their lessees, Conoco, Inc., and C.I.G. Exploration, Inc. (CIGE), alleging that the lessees had failed to protect and develop their interests. The district court held that a prior decision of the Oklahoma Corporation Commission barred the plaintiffs' claims. We affirm.

I.

The plaintiffs own undivided interests...

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