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ABRAHAM v. BP AMERICA PRODUCTION CO.

Nos. 11-2113, 11-2126.

685 F.3d 1196 (2012)

Stephen J. ABRAHAM; Michael C. Abraham, Individually and as Trustee of the Mike C. Abraham Trust; D.A. Abraham, LLC; Elizabeth Witten; Christine Mason, as Co-Trustee for the Andrew Witten Trust, Elizabeth Witten Trust and Judith Witten Trust, on behalf of themselves and others similarly situated, Plaintiffs-Appellees/Cross-Appellants, v. BP AMERICA PRODUCTION COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 18, 2012.

Attorney(s) appearing for the Case

J.E. Gallegos and Michael Condon , Gallegos Law Firm, P.C., Santa Fe, NM ( Thomas A. Graves , McKool Smith, P.C., Dallas, TX, with them on the briefs), for Plaintiffs-Appellees/Cross-Appellants.

Scott S. Barker , Wheeler, Trigg, O'Donnell, LLP, Denver, CO ( Marcy G. Glenn and Christopher A. Chrisman , Holland & Hart LLP, Denver, CO, and Michael H. Feldewert , Kristina E. Martinez , and Adam G. Rankin , Holland & Hart LLP, Santa Fe, NM, with him on the briefs), for Defendants-Appellants/Cross-Appellees.

Before KELLY, MURPHY, and HARTZ, Circuit Judges.

KELLY, Circuit Judge.

In this underpayment of royalty case, Defendant-Appellant and Cross-Appellee, BP America Production Company ("BP"), appeals from a judgment based upon a jury verdict in favor of Plaintiffs-Appellees and Cross-Appellants, a certified class of royalty and overriding royalty owners ("the class"). The judgment includes $9,740,973 in damages for failure to pay royalties consistent with the underlying leases and $3,443,372.40 in prejudgment interest...

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