HARRELL v. SAMSON RESOURCES CO.

No. 82,139.

980 P.2d 99 (1998)

1998 OK 69

Kent J. HARRELL, d/b/a Harrell Energy Co.; Anderman Oil Corporation; Ellen Anderman; Dona M. Mohan; Ralph H. Smith, d/b/a Sunrise Exploration; and St. Mary Parish Land Company, Appellees, v. SAMSON RESOURCES COMPANY, Charles Schusterman; Harold Josey Schusterman Irrevocable Trust dated May 3, 1977; Harold Josey Schusterman's Children's Irrevocable Trust dated May 3, 1997; Stacy H. Schusterman's Children's Irrevocable Trust dated May 3, 1997; Jerome R. Schusterman's Children's Irrevocable Trust dated May 3, 1997; and Ace Company IV, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied June 14, 1999.


Attorney(s) appearing for the Case

James A. Kirk, Matthew L. Standard, Kirk & Chaney, Oklahoma City, Oklahoma, For Appellants.

James E. Poe, Emily D. Poe, Tulsa, Oklahoma; W. Bland Williamson, John L. Randolph, Jr., Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Oklahoma, For Appellees.


HARGRAVE, J.

¶ 1 The issue to be determined is whether this gas balancing dispute should be resolved by allowing balancing in kind, pre-depletion cash balancing or cash balancing upon depletion. The trial court allowed pre-depletion gas balancing on the Deputy 21-1 well at the weighted average price received by defendants, and awarded prejudgment interest and attorney fees to the plaintiff.

¶ 2 Plaintiffs...

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