BLACK HAWK OIL CO. v. EXXON CORP.

Nos. 88,868, 88,881.

969 P.2d 337 (1998)

1998 OK 70

BLACK HAWK OIL COMPANY, on its own behalf and as Class Representative, and Louis Dreyfus Natural Gas Corp., Petitioners-Appellees, v. EXXON CORPORATION, Exxon Company, U.S.A., Inc., Texaco, Inc., The J.A. LaFortune, Jr. Trust, Keener Oil Company, Amax Oil & Gas, Inc., Arco Oil & Gas Company, Daube Company, Enex Resources Corp., Henry H. Gungoll Associates, Marathon Oil Company, Mobile Oil Corporation, Union Pacific Resources Company, Shell California Prod. Inc., The W.O. Allen Estate, Walgreen Profit-Sharing, Charlotte Osborn Barrett, Betty Osborn Biedenhard, Carole J. Drake, Brenda Finnegan, Linda Gungoll, Thelma Jean Gungoll, V.H. Honeyman, James R. McEldowney, W.B. Osborn, Jr., W.C. Payne, John B. Williams, Victoria L. Lewis, The John Reneau Dowe Estate, Catherine A. Gungoll Trust I, Joe M. Coleman Family Trust, C.J. Sharp, C & L Processors Partnership, Hallwood Energy Corporation, Hallwood Petroleum, Inc. (formerly known as Quinoco Petroleum, Inc.), The V.H. Honeyman Estate, Ben F. Vaughan IV, a/k/a Ben F. Vaughn, Ben F. Vaughan III, individually and as Trustee a/k/a Ben F. Vaughn III, Genevieve Vaughan Residuary Trust a/k/a/ Genovieve F. Vaughan Residuary Trust, Ben F. Vaughan III, Trustee, Amelia Rossi-Landi Residuary Trust a/k/a/ Amelia R.E. Rossi-Landi Residuary Trust, BEA Rossi-Landi Residuary Trust a/k/a Beatrice C.V. Rossi-Landi Residuary Trust, Fidelia F. Rossi-Landi Residuary Trust, Fennegan Family Partnership, Marcus T. Barrett III a/k/a Marcus T. Barrett, William Osborn Barrett, Charlotte Osborn Barrett Trust, Catherine A. Moore a/k/a Catherine Moore, Emma Rossi-Landi Residuary Trust, Ben F. Vaughan III, Trustee, Vaughan Properties, Inc., Texaco Exploration & Production, Inc., Enex Acquisition Corp., General Partner, Enex Resources Oil & Gas Co., W.H. Sherin & Son, Universal Resources Corp., and Oryx Energy Company, Defendants-Appellants, and Joy Warren Shannon, Myra B. Ward, Worrall Engineering, Inc., Aquila Energy Resources Corp. (formerly known as PSI Energy Resources, Inc.), The Heirs of the Estate of Joy Warren Shannon Being Kendall Warren, Stephanie J. Mosqueda and Jequita Napoli, as Personal Representative of the Margaret L. Blackburn Estate, Aquila Gas Processing Corporation, and Elieno South Texas Co., Defendants.

Supreme Court of Oklahoma.

As Amended on Denial of Rehearing December 17, 1998.


Attorney(s) appearing for the Case

E.W. Shaw, Philip J. Outhier, Mitchell & DeClerck, P.C., Enid, Oklahoma, and James M. Peters, Christopher J. Perry, Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, Oklahoma, for Defendant/Appellant, Oryx Energy Company.

Gary W. Davis, John J. Griffin, Jr., L. Mark Walker, Crowe & Dunlevy, Oklahoma City, Oklahoma, for Defendants/Appellants, Exxon Corporation, et al.

Stephen R. McNamara, Brian S. Gaskill, Brian T. Inbody, Sneed Lang, P.C., Tulsa, Oklahoma, for Plaintiffs/Appellees, Black Hawk Oil Company and Louis Dreyfus Natural Gas Corp.


OPINION

WATT, Justice.

¶ 1 Although these cases began as separate actions, and generated separate appeals, they were consolidated both in the trial court and here. Consequently we will treat them as if only one case, and one appeal were before us.

¶ 2 Natural gas producers in Kingfisher County built the Dover-Hennessey Gas Products Plant in 1961 as a cooperative joint venture. The Plant was originally...

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