HIROC PROGRAMS, INC. v. ROBERTSON

No. 1998-CA-002130-MR.

40 S.W.3d 373 (2000)

HIROC PROGRAMS, INC., for itself and as Managing General Partner for Delstar Gas Development Program No. 931, LTD. and Delstar Gas Systems, Inc.; C. Lester Paul and Margaret S. Paul; Timothy C. Paul; Michael W. Paul; The Hiroc Group Inc.; Delta Gas Corporation, d/b/a Delta Programs Inc.; Mitee Enterprises (a partnership); Mitee Enterprises, Inc.; Viking Producers, Inc.; Viking Petroleum Properties; Kaintuk Petro Producers, Inc.; Bluegrass Drilling Corporation; Shale Gas Transmission Corp.; Northstar Gas Systems, Inc.; and Buddy Bear Enterprises, Inc. (The Paul Entities) Appellants, v. Wilhelmina Cullen ROBERTSON; the Estate of Corbin J. Robertson, Sr., acting through its Administrator, Wilhelmina Cullen Robertson; Wilhelmina Robertson Morian and her husband Reed Morian; Alsion Robertson Baumann and her husband Peter Baumann; Carroll Robertson Hochner; Lillie T. Robertson; The 1991 Management Trust for Corbin J. Robertson III, Corbin J. Robertson, Jr. as Trustee; The 1992 Management Trust for Francis Christine Robertson, Corbin J. Robertson Jr., as Trustee; and William Keen Robertson, Minor, Corbin J. Robertson Jr. as Custodian (The Robertson Family) Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 30, 2000.

Discretionary Review Denied April 18, 2001.


Attorney(s) appearing for the Case

Steven D. Combs, J. Scott Kreutzer, Combs & Combs, PSC, Pikeville, for Appellant.

C. Thomas Ezzell, Getty, Keyser & Mayo, LLP, Lexington, for Appellee.

Before: BARBER, HUDDLESTON and JOHNSON, Judges.


OPINION

HUDDLESTON, Judge.

This is an appeal from a Lawrence Circuit Court judgment that adopted a special master commissioner's proposed findings of fact and conclusions of law1 and awarded the appellees, the Robertson Family, unpaid royalties owed pursuant to an oil and gas lease and damages for the conversion of gas after the lease had terminated. We affirm in part, reverse...

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