PPW ROYALTY TRUST BY AND THROUGH PETRIE v. BARTON

No. 15-1464.

841 F.3d 746 (2016)

The PPW ROYALTY TRUST Dated September 27, 1989, BY AND THROUGH Donald G. PETRIE, its Trustee; The Estate of Patricia P. Willits, by and through Donald G. Petrie, its Personal Representative; The Estate of William G. Parrott, Jr., by and through Peggy Parrott, its Personal Representative; The Patricia P. Willits Trust Dated July 31, 2003, by and through Donald G. Petrie, its Trustee; The Parrott Revocable Trust dated March 16, 2012, by and through Peggy Parrott, its Trustee; The David E.C. Parrott Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The Delyn P. Drake Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The Dianne P. Spook Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The Pamela P. Waugh Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The William G. Parrott III Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee, Plaintiffs-Appellants, v. George A. BARTON; The Law Offices of George A. Barton, P.C.; Gerard T. Carmody; David H. Luce; Carmody MacDonald, P.C.; John C. Holstein; Polsinelli, P.C., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2016.

(Amended October 28, 2016).


Attorney(s) appearing for the Case

Arthur Benson , Jamie Kathryn Lansford , Arthur Benson & Associates, Kansas City, MO, Jordan B. Cherrick , Sidley & Austin, Chicago, IL, Adam N. Hallowell , George W. Jones, Jr. , Richard Klingler , Carter Glasgow Phillips , Sidley & Austin, Washington, DC, Robert H. Freilich , Neil Popowitz , Freilich & Popowitz, Los Angeles, CA, for Plaintiffs-Appellants.

Spencer J. Brown , Daniel Edward Hamann , Deacy & Deacy, Kansas City, MO, David Lee Heinemann , Christopher S. Shank , Shank & Moore, Mission Woods, KS, for George A. Barton and The Law Offices of George A. Barton, P.C.

William James Foland , Philip Sumner , Foland & Wickens, Kansas City, MO, for Gerard T. Carmody, David H. Luce, and Carmody MacDonald, P.C.

Amy D. Fitts , Douglas S. Laird , General Counsel, Polsinelli, PC, Kansas City, MO, for John C. Holstein and Polsinelli, P.C.

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.


The PPW Royalty Trust and nine additional trusts and estates (collectively, "the Trusts") claim rights as the beneficiaries, successors, or assigns of the owners of coal mining royalty interests in Kentucky. Over the course of two-and-a-half decades, the Trusts and their predecessors...

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