PPW ROYALTY TRUST v. BARTON

No. 15-1464.

832 F.3d 876 (2016)

THE PPW ROYALTY TRUST DATED SEPTEMBER 27, 1989, BY AND THROUGH Donald G. PETRIE, its Trustee; The Estate of Patricia P. Willits, by and through Donald G. Petrie, its Personal Representative; The Estate of William G. Parrott, Jr., by and through Peggy Parrott, its Personal Representative; The Patricia P. Willits Trust Dated July 31, 2003, by and through Donald G. Petrie, its Trustee; The Parrott Revocable Trust dated March 16, 2012, by and through Peggy Parrott, its Trustee; The David E.C. Parrott Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The Delyn P. Drake Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The Dianne P. Spook Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The Pamela P. Waugh Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee; The William G. Parrott III Irrevocable Trust Dated November 23, 2009, by and through Donald G. Petrie, its Trustee, Plaintiffs-Appellants, v. George A. BARTON; The Law Offices of George A. Barton, P.C.; Gerard T. Carmody; David H. Luce; Carmody MacDonald, P.C.; John C. Holstein; Polsinelli, P.C., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2016.


Attorney(s) appearing for the Case

Robert H. Freilich , Freilich & Popowitz, LLP, Los Angeles, CA, argued ( Neil Popowitz , Freilich & Popowitz, LLP, Los Angeles, CA, Arthur A. Benson II , Jamie Kathryn Lansford , Arthur Benson & Associates, Kansas City, MO, on the brief), for appellants.

Christopher S. Shank , Shank & Hamilton, P.C., Kansas City, MO, argued ( David L. Heinemann , Shank & Hamilton, P.C., Kansas City, MO, Spencer J. Brown , Daniel Hamann , Deacy & Deacy, LLP, Kansas City, MO, on the brief), for appellees George A. Barton and The Law Offices of George A. Barton, P.C.

Douglas S. Laird , Polsinelli PC, Kansas City, MO, argued ( Amy D. Fitts , on the brief), for appellees John C. Holstein and Polsinelli PC.

W. James Foland , Foland, Wickens, Eisfelder, Roper & Hofer, P.C., Kansas City, MO, argued ( Philip, V. Sumner , on the brief), for appellees Gerald T. Carmody , David H. Luce , and Carmody MacDonald P.C.

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.


The PPW Royalty Trust and nine additional trusts and estates (collectively, "the Trusts") claim rights as the beneficiaries, successors, or assigns of the owners of coal mining royalty interests in Kentucky. Over the course of two-and-a-half decades, the Trusts and their predecessors have sued in both federal and state court...

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