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WALLACE B. RODERICK REVOCABLE LIVING v. XTO ENERGY

No. 12-3176.

725 F.3d 1213 (2013)

WALLACE B. RODERICK REVOCABLE LIVING TRUST, Trustee Amanda Roderick, on behalf of itself and all others similarly situated, Plaintiff-Appellee, v. XTO ENERGY, INC., including Predecessors, Successors, and Affiliates, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 9, 2013.

Attorney(s) appearing for the Case

Stephen G. Masciocchi (and Marcy G. Glenn of Holland & Hart, L.L.P., Denver, CO; James C.T. Hardwick and Mark Banner of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, on the briefs), for Defendant-Appellant.

Rex A. Sharp (and Barbara C. Frankland of Gunderson, Sharp & Walke, L.L.P., on the briefs), Prairie Village, KS, for Plaintiff-Appellee.

Before KELLY, McKAY, and MATHESON, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant XTO Energy Inc. (XTO) appeals from the district court's order certifying a class of Kansas royalty owners, represented by Plaintiff-Appellee Wallace B. Roderick Revocable Living Trust (the Trust), who seek recovery for XTO's alleged underpayment of royalties. Specifically, the Trust claims XTO violated Kansas law by improperly deducting costs associated with placing the gas into "marketable condition." The district...

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