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HELMERICH & PAYNE v. STATE EX REL. COM'RS

No. 84446.

935 P.2d 1179 (1997)

HELMERICH & PAYNE, INC.; Maguire Oil Company; Cary M. Maguire, Steven B. Kahn; Daniel B. Stuart; Cary M. Maguire, Trustee Under Trust Agreement Dated January 1, 1983, for the benefit of Cary McIllwaine Maguire, Jr.; Cary M. Maguire, Trustee Under Trust Agreement Dated January 1, 1983, for the benefit of Melinda Ambler Maguire; and Cary M. Maguire, Trustee Under Trust Agreement dated May 1, 1984, for the benefit of Ann Blaine Maguire, Plaintiffs, and ANR Production Company, Appellee, v. STATE of Oklahoma, ex rel., COMMISSIONERS OF THE LAND OFFICE, Appellants.

Supreme Court of Oklahoma.

March 4, 1997.

Attorney(s) appearing for the Case

William K. Elias, McKenzie, Moffett, Elias & Books, Oklahoma City, for Appellee.

Perry E. Kaufman, James T. Dupre, Commissioners of the Land Office of the State of Oklahoma, Oklahoma City, for Appellants.

SIMMS, Justice:

Is the State of Oklahoma ex. rel. Commissioners of the Land Office (CLO) entitled to additional royalty payments in a sum equal to its fractional share of the value of all gross production and excise taxes that were assessed against gas production and which were paid by the purchaser? We hold that the CLO is not entitled to additional royalty.

The material facts are not in dispute. The plaintiffs...

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