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SCRIVNER v. SONAT EXPLORATION COMPANY

Nos. 99-6308, 99-6336, 99-6442, 00-6027, 99-6338, 99-6443, 00-6026.

242 F.3d 1288 (2001)

Evelyn L. SCRIVNER, a/k/a Evelyn Lee Switzer; Evelyn Lee Switzer, Trustee Under the Evelyn Lee Switzer Living Trust Dated September 15, 1995; Gary K. Switzer; and Larry W. Switzer, Plaintiffs-Appellants/Cross-Appellees, v. SONAT EXPLORATION COMPANY, a Delaware Corporation, Defendant-Appellee/Cross-Appellant. A-Cross Ranch Ltd., an Oklahoma Limited Partnership, Plaintiff-Appellee-Appellant, v. Sonat Exploration Company, a Delaware Corporation, Defendant-Appellant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 21, 2001.

Attorney(s) appearing for the Case

Bradley D. Brickell of Mahaffey & Gore, P.C., (Andrew J. Waldron of Mahaffey & Gore, P.C.; H. Blanton Brown and Douglas D. Wilguess of H. Blanton Brown & Assoc., PC, with him on the briefs), Oklahoma City, OK, for Evelyn L. Scrivner, et al., and A-Cross Ranch Ltd.

Gary W. Davis, (Paul D. Trimble with him on the briefs) of Crowe & Dunlevy, Oklahoma City, OK, for Sonat Exploration Company.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

I. Background

Plaintiffs Evelyn L. Scrivner, Gary K. Switzer, and Larry W. Switzer ("Scrivner") obtained oil and gas leases on a number of properties in Oklahoma. Later, Scrivner assigned those leases to others, including Defendant Sonat Exploration Company. As consideration for these assignments, Scrivner reserved an overriding royalty interest in said leases. On April 29, 1997, Scrivner brought this diversity action under Oklahoma...

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