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BOWDEN v. PHILLIPS PETROLEUM CO.

No. 03-0824.

247 S.W.3d 690 (2008)

Kathryn Aylor BOWDEN, Beulah Poorman Vick, Omer F. Poorman, Monte Cluck, Royce Yarbrough, and Benny Ted Powell, Petitioners, v. PHILLIPS PETROLEUM COMPANY, GPM Gas Corporation, Phillips Gas Marketing Company, Phillips Gas Company, and GPM Gas Trading Company, Respondents.

Supreme Court of Texas.

Decided February 15, 2008.

Attorney(s) appearing for the Case

Russell C. Jones, The Holloway Jones Law Firm, PLLC, Sugar Land, John H. Lovell, Joe L. Lovell, Lovell Lovell Newsom & Isern LLP, Amarillo, William Christopher Carmody, B. Bryan Leitch III, Dallas, J.R. Lovell, Lovell & Lyle, Dumas, Sylvia Davidow, Anita F. Kawaja, George M. Fleming, Robert Herring, Scott Anthony Love, Fleming & Associates, L.L.P., Cyrus D. Marter IV, Susman Godfrey, Houston, TX, Petitioners.

Jerry K. Clements, Michael V. Powell, Locke Liddell & Sapp, L.L.P., Dallas, Richard L. Tate, Tate Moerer & King, LLP, Richmond, TX, Denette A. Mouser, Bentonville, AR, Timothy Ray Brown, Anadarko E & P Company LP, Houston, TX, for Respondents.

Justice WAINWRIGHT delivered the opinion of the Court.

This is an interlocutory appeal challenging the certification of a class of oil and gas royalty owners under former rule 42(b)(4) of the Texas Rules of Civil Procedure.1 The royalty owner class representatives—Kathryn Aylor Bowden, Beulah Poorman Vick, Omer F. Poorman, Royce Yarbrough, Benny Ted Powell, and Monte Cluck—allege that Phillips Petroleum Company underpaid...

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