ROCKET OIL AND GAS CO. v. DONABAR

No. 99,644.

127 P.3d 625 (2005)

2005 OK CIV APP 111

ROCKET OIL AND GAS COMPANY, Stanley H. Singer Revocable Trust, Fleischaker Exploration Company, L.L.C., Teton Properties, L.L.C., Three M Oil Company, W2 Limited, and John Hemmack, Plaintiffs/Appellees, v. Elias B. DONABAR, Marcus A. Rhodes; R. Van Tress; Saul A. Yeger, Trustee in Bankruptcy in the Matter of the Estate of United Royalty Company, and their spouses, which spouses' names are unknown to Plaintiffs, and if they be living and if they or any of them be dead, then their respective successors, heirs, executors, administrators, devisees, trustees and assigns, immediate and remote, of such deceased persons, and the unknown successors, heirs, executors, administrators, devisees, trustees and assigns, immediate and remote of Abedis B. Donibar a/k/a Abedis B. Donabed, deceased, Mariam Donabed, deceased, Albert Brown, Pushmataha County Clerk, and The State of Oklahoma, ex rel. Oklahoma Tax Commission, Defendants, and Clark A. Tomassian, individually and as Trustee of the Martin V. Tomassian Family Trust, Defendant/Third-Party Plaintiff Appellant, and GHK/Potato Hills Limited Partnership, and Glebe Royalty, L.L.C., Intervenors/Third-Party Plaintiffs, v. William J. Dunn and his spouse whose name is unknown to Plaintiffs, R.W. Skipper a/k/a R.W. Shipper and his wife, Estelle Skipper a/k/a Estelle Shipper, Stanley Singer a/k/a Stanley H. Singer, R.F. Garland, John Fernow a/k/a John Farnow, G.M. O'Donnell and his spouse whose name is unknown and heirs if they be living but if dead then the heirs, devisees, assignees and successors, Darrell V. McClanahan, the Unknown heirs, administrators, assigns and devisees of Liberty Royalties Corp. a/k/a Liberty Royalty Corp., Hycook Corporation, Harris County Charity Foundation, Fleischaker Family Partnership And Fleischaker Family L.L.C. a/k/a Fleischaker Family L.C. and Fleischaker Mineral Company, and United Royalty Company Express Trust, Third-Party Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

November 28, 2005.


Attorney(s) appearing for the Case

Robert S. Settles, Antlers, OK, for Plaintiffs/Appellees.

Jacqueline Jo Perrin, Stamper & Perrin, PLLC, Antlers, OK, for Defendant/Third-Party Plaintiff/Appellant.


Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

OPINION

ADAMS, Presiding Judge:

¶ 1 Clark A. Tomassian, individually and as Trustee of the Martin V. Tomassian Family Trust (Defendant), appeals a judgment quieting title in favor of Rocket Oil and Gas Company, Stanley H. Singer Revocable Trust, Fleischaker Exploration Company L.L.C., Teton Properties L.L.C...

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