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IN RE TULSA ENERGY, INC.

Nos. 96-5125, 96-5173.

111 F.3d 88 (1997)

In re TULSA ENERGY, INC., Debtor. TULSA ENERGY, INC., Plaintiff-Appellee, v. KPL PRODUCTION COMPANY, Defendant-Appellant, Dalco Petroleum, Inc., Defendant-Appellee, and Oklahoma Oil & Gas Management, Inc.; Associated Transport And Trading; Total Petroleum, Inc.; Trident NGL, Inc.; Dynex Energy, Inc.; Dalco Fifth Geostratic Limited Partnership; Defendants. In re TULSA ENERGY, INC., Debtor. TULSA ENERGY, INC., Plaintiff-Appellee, v. KPL PRODUCTION COMPANY, Defendant-Appellant, and Dalco Petroleum, Inc.; Associated Transport And Trading; Total Petroleum, Inc.; Trident NGL, Inc.; Dynex Energy, Inc.; Dalco Fifth Geostratic Limited; Oklahoma Oil & Gas Management, Inc.; Defendants.

United States Court of Appeals, Tenth Circuit.

April 9, 1997.

Attorney(s) appearing for the Case

James H. Chaney and Thomas J. Daniel, IV, of Kirk & Chaney, Oklahoma City, Oklahoma, for Defendant-Appellant.

Malcolm E. Rosser IV, of Crowe & Dunlevy, Tulsa, Oklahoma, for Defendant-Appellee Dalco Petroleum, Inc.

Before BRORBY and KELLY, Circuit Judges, and CAUTHRON, District Judge.

BRORBY, Circuit Judge.

In these consolidated appeals, appellant KPL Production Company (KPL) seeks review of the district court's orders (1) affirming the bankruptcy court's determination that KPL owes statutory interest on production proceeds it withheld from appellee Dalco Petroleum, Inc. (Dalco), and (2) awarding Dalco attorney's fees as the prevailing party under Okla. Stat. tit. 52 § 570.14. We reverse and remand for further proceedings.

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