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COULTER v. ANADARKO PETROLEUM CORP.

No. 103,310.

292 P.3d 289 (2013)

Gilbert H. COULTER and Elizabeth S. Leighnor, Individually and as Representative Plaintiffs on Behalf of Persons or Companies Similarly Situated, Plaintiffs/Appellees, v. ANADARKO PETROLEUM CORPORATION, Defendant/Appellee, v. Stan R. Boles, on Behalf of Himself and All Similarly Situated Royalty Owners, Appellants.

Supreme Court of Kansas.

January 11, 2013.

Attorney(s) appearing for the Case

Rex A. Sharp , of Gunderson, Sharp & Walke L.L.P, of Prairie Village, argued the cause, and Barbara C. Frankland and David E. Sharp , of the same firm, were with him on the briefs for appellants.

David G. Seely , of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, argued the cause, and Thomas D. Kitch , Gregory J. Stucky , and Daniel E. Lawrence , of the same firm, and Erick E. Nordling , of Kramer, Nordling & Nordling, LLC, of Hugoton, were with him on the brief for plaintiffs/appellees.

Guy S. Lipe , of Vinson & Elkins, LLP, of Houston, Texas, argued the cause, and Daniel H. Diepenbrock , of Law Office of Daniel H. Diepenbrock, P.A., of Liberal, was with him on the brief for defendant/appellee.

The opinion of the court was delivered by JOHNSON, J.:

Royalty owners entitled to receive a share of the production of natural gas in the Hugoton gas field in southwest Kansas brought a class action against Anadarko Petroleum Corporation (APC) claiming that the company and its affiliates had effected an underpayment of the royalties required by the plaintiffs' respective oil and gas leases. The original petition, filed in 1998, sought an accounting, damages, and declaratory...

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