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SCHELL v. OXY USA INC.

Nos. 13-3297, 13-3304.

808 F.3d 443 (2015)

David SCHELL; Donna Schell; Ron Oliver, individually, and as representative parties on behalf of surface owners, Plaintiffs-Appellees/Cross-Appellants, v. OXY USA INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 14, 2015.

Attorney(s) appearing for the Case

Marie R. Yeates , Vinson & Elkins LLP, Houston, TX ( Michael A. Heidler and Conor P. McEvily , Vinson & Elkins LLP, Houston, TX; Lisa T. Silvestri , GableGotwals, Tulsa, OK; and Stanford J. Smith, Jr. and Marcia A. Wood , Martin, Pringle, Oliver, Wallace & Bauer, Wichita, KS, with her on the briefs), for Defendant-Appellant/Cross-Appellee.

Rex A. Sharp , Gunderson Sharp, LLP, Prairie Village, KS ( Barbara C. Frankland , Gunderson Sharp, LLP, Prairie Village, KS; and Lee Thompson , Thompson Law Firm, Wichita, KS, with him on the briefs), for Plaintiffs-Appellees/Cross-Appellants.

Before BRISCOE, HARTZ, and HOLMES, Circuit Judges.

Appellant and Cross-Appellee OXY USA Inc. ("OXY"), the defendant in the district court, appeals from the grant of summary judgment to Appellees and Cross-Appellants—a class of plaintiffs represented by David Schell, Donna Schell, and Ron Oliver—on the question of whether their oil and gas leases required OXY...

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