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MITTELSTAEDT v. SANTA FE MINERALS, INC.

No. 84977.

954 P.2d 1203 (1998)

1998 OK 7

Ted MITTELSTAEDT, an individual, Ruth Mittelstaedt, an individual, Plaintiffs-Appellees, v. SANTA FE MINERALS, INC., a corporation, Defendant-Appellant.

Supreme Court of Oklahoma.

Dissenting Opinion Modified March 5, 1998.

Attorney(s) appearing for the Case

Gregory A. McKenzie, William K. Elias, Michael J. Massad, and Frank H. McGregor of McKenzie, Moffett, Elias & Books, Oklahoma City, for Plaintiffs-Appellees.

Gary W. Davis, Mark D. Christiansen, and Paul D. Trimble of Crowe & Dunlevy, Oklahoma City, and William H. Boyles, Santa Fe Minerals, Inc., Dallas, TX, for Defendant-Appellant.

Robin Stead, Donald F. Heath, Jr., Heath, P.C., for Amicus Curiae National Association of Royalty Owners, Norman, Oklahoma.

Brenton B. Moore, Oklahoma Mid-Continent Oil & Gas Association, James C.T. Hardwick of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Joseph W. Morris, Teresa B. Adwan, M. Benjamin Singletary of Gable & Gotwals, Inc., for Amicus Curiae for Oklahoma Mid-Continent Oil and Gas Association, Tulsa, Oklahoma.

Dissenting Opinion by Justice Opala Modified March 5, 1998.

SUMMERS, Vice Chief Justice.

¶ 1 Gas well lessors filed suit in Federal Court, claiming they were not getting the full "3/16 of the gross proceeds received for the gas sold" as called for in the lease. Lessee in response explained it was deducting the lessor's share of post-production expenses in marketing the gas, and then remitting 3/16 of the proceeds...

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