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FREEBIRD, INC. v. CIMAREX ENERGY CO.

No. 104,748.

264 P.3d 500 (2011)

46 Kan. App. 2d 631

FREEBIRD, INC., On Behalf of Itself and All Others Similarly Situated, Appellees, (CHESAPEAKE ENERGY CORPORATION), Class Member/Appellant, v. Cimarex Energy Co. (and Its Predecessors, Successors, and Affiliates), Appellees.

Court of Appeals of Kansas.

October 7, 2011.

Attorney(s) appearing for the Case

Robert W. Coykendall , of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for class member/appellant Chesapeake Energy Corporation.

Rex A. Sharp and Barbara C. Frankland , of Gunderson, Sharp & Walke L.L.P., of Prairie Village, for appellees Freebird, Inc., et al.

Before BUSER, P.J., ARNOLD-BURGER, J., and BUKATY, S.J.

ARNOLD-BURGER, J.

This was a class action lawsuit brought by Freebird, Inc. (Freebird) against Cimarex Energy Co. (Cimarex) for the underpayment of gas royalties. Cimarex and Freebird were able to reach a settlement agreement for $3.45 million. Chesapeake Energy Corporation (Chesapeake), an affected royalty owner and class action participant, appeals the district court's award of a one-third contingent fee to class counsel and a 1% incentive award to the class representative...

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