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JAMES BARLOW FAMILY v. DAVID M. MUNSON, INC.

No. 96-1202.

132 F.3d 1316 (1997)

JAMES BARLOW FAMILY LIMITED PARTNERSHIP; John and Lois Haun Family Partnership; Barlow & Haun, Inc.; L.A. McPeek and Company; Barbara B. Crews; B.J. Bradshaw Estate, by First Interstate Bank of Utah, Trustee; Alpha Exploration, Inc.; Chevron U.S.A., Inc., Plaintiffs-Appellees, v. DAVID M. MUNSON, INC., Defendant-Appellant. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

As Clarified December 15, 1997.

Attorney(s) appearing for the Case

Craig R. Carver, Alfers & Carver, LLC, Denver, CO, for Defendant-Appellant.

John F. Shepherd (Jane L. Montgomery with him on the brief), Holland & Hart LLP, Denver, CO, for Plaintiffs-Appellees.

Peter Coppelman, Acting Assistant Attorney General; Robert L. Klarquist, Gerald L. Fish, and Jacques B. Gelin, Attorneys, Department of Justice, Environment and Natural Resources Division; and Karen Hawbecker, Of Counsel, Office of the Solicitor, Department of the Interior, Washington, DC, on the brief for Amicus Curiae.

Before SEYMOUR, Chief Judge, HENRY and BRISCOE, Circuit Judges.

SEYMOUR, Chief Judge.

This action involves a dispute between the Barlow Family Limited Partnership and others (the Barlows), owners of overriding royalty interests in certain federal oil and gas leases located in western Colorado, and David M. Munson, Inc. (Munson), as lessee and operator, over whether the Barlows are entitled to royalty payments from the federal leases. On cross motions for summary judgment, the district...

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