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WATTS v. ATLANTIC RICHFIELD CO.

No. 96-7041.

115 F.3d 785 (1997)

Mose C. WATTS, individually; Mose C. Watts, Co-Trustee of the Mose C. Watts Ranch Trust; Ronald W. McGee, as Co-Trustee of the Mose C. Watts Ranch Trust; Edith B. Wartick; John Allen Wartick; Rita L. Park; Judith Ann Hollingback; Thomas Owen Wartick; Edith B. Wartick, Co-Trustee of the Edith B. Wartick Trust; John Allen Wartick, Co-Trustee of the Edith B. Wartick Trust; Rita L. Park, Co-Trustee of the Edith B. Wartick Trust; The Wartick Family Limited Partnership, an Oklahoma Limited Partnership; Raan Ladawn Jones, also known as Ladawn Jones; Winfrey Turner, individually; Billy Jean Turner; Truman Mathiews, individually; Devola Mathiews, individually; Truman Mathiews, Trustee of the Truman Mathiews Trust and of the Devola Mathiews Trust; Devola Mathiews, Trustee of the Truman Mathiews Trust and of the Devola Mathiews Trust; H.L. Dollins, III; Angelina Dollins; Nancey Dollins Sudduth; Violet Dollins; George Milton Dollins; David Dollins; Jack Dollins; Beverly Ann Dollins; Creeda June Dollins; Rocky Dean Dollins; Karen Danon Chaney; Robson Royalty Co.; Jerry L. Dollins; Ruth Every; Ruth Every, as Trustee of the Allen Every Revocable Trust; Ruth Every, as Trustee of the Ruth Every Revocable Trust; W.P. Lerblance; Earl Jeffrey; James David Lucas, also known as David Lucas; Betty Leflore; Helen Caldwell; Frances Richmond; James F. Elliott; Linda L. Angeli; Debbie Holuby; Billie Jean Leflore; Neil Wayne Dollins, Plaintiffs-Appellants, v. ATLANTIC RICHFIELD COMPANY; Vastar Resources, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing and Suggestion for Rehearing Denied August 7, 1997.

Attorney(s) appearing for the Case

Terry Joe Barker, Pezold, Richey, Caruso & Barker, Tulsa, OK (Danny P. Richey and Joseph C. Woltz, Pezold, Richey, Caruso & Barker, Tulsa, OK, Douglas G. Dry, Wilburton, OK, and George Zellmer, Allford, Ashmore, Ivester & Zellmer, McAlester, OK, with him on the briefs), for Plaintiffs-Appellants.

Jay A. Brandt, Hutcheson & Grundy, Dallas, TX (Cynthia L. Frankel and Nishita S. Shah, Hutcheson & Grundy, Dallas, Texas, and Joe Stamper, Stamper & Hadley, Antlers, OK, with him on the brief), for Defendants-Appellees.

Before TACHA, McWILLIAMS, and BALDOCK, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 7, 1997.

TACHA, Circuit Judge.

Several lessors of oil and gas mineral interests ("Lessors") brought this diversity action against their lessee, Atlantic Richfield Company and Vastar Resources, Inc. (collectively "ARCO"). Lessors allege that ARCO: (1) failed to pay royalties on proceeds received from the settlement of certain disputes with its gas purchaser...

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