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PATTERSON v. BP AMERICA PRODUCTION CO.

No. 04CA2344.

159 P.3d 634 (2006)

David PATTERSON, Philip McCoy, Donald Kanzler, and Shirley Kanzler, Plaintiffs-Appellants, v. BP AMERICA PRODUCTION COMPANY, f/k/a Amoco Production Company, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

May 4, 2006.

Attorney(s) appearing for the Case

Charles Carpenter, Denver, Colorado; Law Offices of George A. Barton, P.C., George A. Barton, Kansas City, Missouri, for Plaintiffs-Appellants.

Holland & Hart, LLP, Scott S. Barker, Marcy G. Glenn, Denver, Colorado, for Defendants-Appellees.

TAUBMAN, J.

In this putative class action concerning royalty payments on the sale of natural gas, plaintiffs, David Patterson, Philip McCoy, Donald Kanzler, and Shirley Kanzler (Royalty Owners), appeal the trial court's summary judgment in favor of defendant, BP America Production Company (BP), formerly known as Amoco Production Company (Amoco). We reverse and remand for further proceedings.

In 1970 and 1972, the Royalty Owners entered into lease agreements...

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