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HEBBLE v. SHELL WESTERN E & P, INC.

No. 106,470. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

238 P.3d 939 (2009)

2010 OK CIV APP 61

Nancy Fuller HEBBLE and Susan Fuller Maley, as Individuals; Nancy Fuller Hebble and Susan Fuller Maley, as Co-Trustees of Thomas R. Fuller Testament Trust; Wachovia Bank, N.A., as Executor of the Estate and Trust of Elizabeth Fuller Gardner Trust; and Marshall T. Steves, Trustee of the Dings Trust Agency, Plaintiff/Appellees, v. SHELL WESTERN E & P, INC., and Shell Oil Company, Defendant/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied January 26, 2010.

Certiorari Denied April 12, 2010.

Attorney(s) appearing for the Case

Randall K. Calvert , Calvert Law Firm, Oklahoma City, OK, and Clark O. Brewster , Guy A. Fortney , Brewster & De Angelis Law Firm, Tulsa, OK, for Plaintiff/Appellees.

Sharon T. Thomas , Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., and R. Brad Miller , Durbin, Larimore & Bialick, Oklahoma City, OK, and Gregory A. McKenzie , Gregory A. McKenzie, P.C., Edmond, OK, for Defendant/Appellants.

John N. Hermes , Gary W. Catron , Kristin M. Simpsen , McAfee & Taft, Oklahoma City, OK, for Amicus Curiae, Oklahoma State Chamber of Commerce and Industry, Inc.

Mark D. Christiansen , Crowe & Dunlevy, Oklahoma City, OK, for Amicus Curiae, The Oklahoma Independent Petroleum Association.

Brian R. Matula , Oklahoma City, OK, for Amicus Curiae, Chesapeake Energy Corp.

Dennis C. Cameron , Bradley W. Welsh , Gable & Gotwals, Tulsa, OK, for Amicus Curiae, ConocoPhillips Company.

CAROL M. HANSEN, Presiding Judge.

¶ 1 Defendant/Appellants, Shell Western E & P, Inc. and Shell Oil Company (collectively Shell), seek review of the trial court's judgment based on a jury verdict in favor of Plaintiff/Appellees (Owners) for $13,205,916.00 in actual damages and $53,625,000.00 in punitive damages in Owners' action for underpayment of oil and gas proceeds. At issue is whether Owners's claims sounded in tort such that the statute of limitations...

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