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SCHELL v. OXY USA, INC.

Case No. 07-1258-JTM.

822 F.Supp.2d 1125 (2011)

David and Donna SCHELL, Howard Pickens, and Ron Oliver, Individually, and as Representative Parties on Behalf of Surface Owners, Plaintiffs, v. OXY USA, INC., Defendant.

United States District Court, D. Kansas.

September 29, 2011.

Attorney(s) appearing for the Case

Deborah A. Petrotta , Lee Thompson , Thompson Law Firm, LLC, Wichita, KS, M. Moran Tomson , Tomson Law Office, Johnson, KS, Rex A. Sharp , Gunderson Sharp & Walke, LLP, Prairie Village, KS, for Plaintiffs.

Dennis C. Cameron , Lisa T. Silvestri , Gable & Gotwals, Tulsa, OK, Stanford J. Smith, Jr. , William Rick Griffin , Martin, Pringle, Oliver, Wallace & Bauer, LLP, Wichita, KS, for Defendant.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

The following matters are before the court: Plaintiffs' Motion for Summary Judgment (Dkt. No. 86); Defendant's Cross-Motion for Summary Judgment (Dkt. No. 90); and Plaintiffs' Motion for Permanent Injunction (Dkt. No. 100). After extensive briefing by both parties, the court is prepared to rule. For the following reasons, the court grants plaintiffs' summary...

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