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WALLACE B. RODERICK REVOCABLE LIVING v. XTO ENERGY

Case No. 08-1330-JTM.

679 F.Supp.2d 1287 (2010)

WALLACE B. RODERICK REVOCABLE LIVING TRUST, Trustee Wallace B. Roderick, on Behalf of Itself and all others Similarly Situated, Plaintiffs, v. XTO ENERGY, INC., Defendant.

United States District Court, D. Kansas.

January 12, 2010.

Attorney(s) appearing for the Case

Barbara C. Frankland, Rex A. Sharp, Gunderson Sharp & Walke, LLP, Prairie Village, KS, David E. Sharp Gunderson Sharp & Walke, LLP, Houston, TX, Joseph R. Gunderson, Gunderson Sharp & Walke, LLP, Des Moines, IA, for Plaintiffs.

Douglas M. Crotty, III, Crotty Law Office, Garden City, KS, Karissa K. Cottom, Mark Banner, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa, OK, for Defendant.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

Several motions are before the court in this prospective class action by the plaintiff Wallace B. Roderick Revocable Living Trust alleging that the class — composed of royalty owners of natural gas wells in Colorado, Kansas, and Oklahoma — received inadequate royalties for natural gas produced by defendant lessee XTO Energy, Inc. The defendant XTO has filed two motions to dismiss. The first...

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