Nos. 13-3297, 13-3304.

814 F.3d 1107 (2016)

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.

February 9, 2016.

Attorney(s) appearing for the Case

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

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

Before BRISCOE, HARTZ, and HOLMES, Circuit Judges.


These matters are before the court on the Petition for Rehearing or Rehearing En Banc filed in Case No. 13-3297 by Defendant-Appellant/Cross-Appellee, OXY USA, Inc. We also have a response from the Appellees in that appeal.

The petition for panel rehearing is granted in part to the extent of the modifications set forth in the attached revised opinion. The remainder of the relief requested is denied.

The petition for rehearing en banc and the...

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