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FREEBIRD, INC. v. MERIT ENERGY CO.

No. 08-1305 WEB.

597 F.Supp.2d 1245 (2009)

FREEBIRD, INC., on behalf of itself and all others similarly situated, Plaintiff, v. MERIT ENERGY CO., (including predecessors and successors), Defendant.

United States District Court, D. Kansas.

January 29, 2009.

Attorney(s) appearing for the Case

Barbara C. Frankland, Rex A. Sharp, Gunderson Sharp & Walke, LLP, Prairie Village, KS, David E. Sharp, Gunderson Sharp & Walke, LLP, Houston, TX, for Plaintiff.

David W. Nickel, Depew Gillen Rathbun & Mclnteer, LC, Wichita, KS, Karl F. Hirsch, Mullins, Hirsch & Jones, Oklahoma City, OK, for Defendant.

MEMORANDUM AND ORDER

WESLEY E. BROWN, District Judge.

This action was originally filed by Plaintiff Freebird, Inc., on behalf of itself and all other royalty owners similarly situated in the District Court of Seward County, Kansas, as Case No. 08-cv-116. The defendant, Merit Energy Co., filed Notice of Removal to U.S. District Court, alleging that removal is proper because this court has original jurisdiction over the individual Plaintiff's claims under...

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