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IN RE LEASE OIL ANTITRUST LITIGATION

No. 08-40230.

570 F.3d 244 (2009)

In the Matter of: LEASE OIL ANTITRUST LITIGATION. J. Tom Poynor, Movant-Appellee, v. Chesapeake Exploration Limited Partnership, as Successor to DLB Oil & Gas, Inc., Hugoton Energy Corporation, and Anson Corporation, Movant-Appellant. The McMahon Foundation and J. Tom Poynor, Plaintiffs-Appellees, v. Chesapeake Exploration Limited Partnership, as Successor to DLB Oil & Gas, Inc., Hugoton Energy Corporation, and Anson Corporation, Movant-Appellant. The McMahon Foundation; J. Tom Poyner; and Mary Alma Powell, Plaintiffs-Appellees, v. Chesapeake Exploration Limited Partnership, as Successor to DLB Oil & Gas, Inc., Hugoton Energy Corporation, and Anson Corporation, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 2009.

Attorney(s) appearing for the Case

Mary Kathryn Sammons (argued), Karon A. Oshman, Susman Godfrey, Houston, TX, for Appellee, Settling Plaintiffs.

James C. Ho, Office of the Solicitor General, for the State of Texas, Austin, TX; Linda Ibach Shaunessy, David Calvin Mattax, Asst. Atty. Gens., Lesli Gwen Ginn, Jennifer Settle Jackson, Office of the Attorney Gen., Financial Litigation Div., Austin, TX; Kent C. Sullivan, Joseph David Hughes, Office of the Attorney Gen. for the State of Texas, Austin, TX, for Appellant, State of Texas.

Thomas Butler Alleman (argued), Winstead, P.C., Dallas, TX, for Movant-Appellee.

Before SMITH, DENNIS and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The State of Texas ("Texas") appeals the denial of its motion to intervene. We reverse and remand.

I. Facts and Procedural History

This appeal arises from a class action that has been ongoing for over a decade. The plaintiff class claimed that oil companies were not paying the fair market value of oil at the well.1 A settlement was reached, and settlement checks were distributed between...

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