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MACK OIL CO. v. GARVIN

No. 95,046.

39 P.3d 775 (2001)

2001 OK 34

MACK OIL COMPANY, Plaintiff, v. Charles P. GARVIN, Harold T. Garvin; Mary Helen Garvin Dunaway; Bancfirst, Trustee of the Mary Helen Garvin Dunaway Trust; Houston Garvin; Thomas R. Garvin; Sara Garvin Meaders; Michael A. Smith, Trustee of the Susan Garvin Long, Carol K. Leverette and Kay C. Garvin Trust II; Dorothy Jane Gross; Jack D. Gant & Evelyn Gant, Trustees of the Gant Family Trust; Helen Gant Ridley, Trustee of the Helen Gant Ridley Trust Dated June 30, 1995; Barbara Lou Winkler; Barbara Lou Winkler, Attorney-in-fact for Patricia Cleone Dahlem; Barbara Lou Winkler, Attorney-in-fact for Patricia Cleone Dahlem; Barbara Lou Winkler, Attorney-in fact for Ronald Gene Maples; Patricia Cleone Dahlem; Ronald Gene Maples and Christopher Gant, Defendants-Appellants, and Thomas Wells Aitken, personal representative of the Estate of S. Thomas Aitken, Deceased, Defendant-Appellee, and James H. Chandler and Donald R. Stewart, Jr. Co-Trustees under the Last Will and testament of Patrick Barney Feagin, Deceased; Linda S. Feagin; Margery Mayo Feagin, Deceased; Linda S. Feagin; Margery Mayo Bird nee Feagin; and John Warren Royalties Corporation, if in existence or its successors, Defendants.

Supreme Court of Oklahoma.

Rehearing Denied January 14, 2002.

Attorney(s) appearing for the Case

William A. Gossett, Duncan, OK, for Defendants-Appellants, the Garvin and Gant successors.

Tom Frailey, Huckaby, Fleming, Frailey, Chaffin, Cordell, Greenwood & Perryman, LLP, Chickasha, OK, for Defendant-Appellee, Aitken.

Robert J. Hays, Phil Gordon, Hays & Gordon, Chickasha, OK, for Plaintiff, Mack Oil Company.

OPINION

WATT, V.C.J,

FACTS AND PROCEDURAL HISTORY

¶ 1 Plaintiff, Mack Oil Company, filed this action for interpleader in the District Court of Garvin County on November 2, 1998. Mack Oil was a stakeholder as the result of having drilled two gas wells in the northwest quarter of Section 16, Township 3 North, Range 5 West of the Indian Meridian in Grady County...

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