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BARNETT v. SIMMONS

No. 103,708.

197 P.3d 12 (2008)

2008 OK 100

Richard C. BARNETT, Appellee, v. Darryl K. SIMMONS and Paul A. Franks, Individually, and as Partners d/b/a Rock Oil Company, Appellants.

Supreme Court of Oklahoma.

November 10, 2008.

Attorney(s) appearing for the Case

Roger K. Eldredge and Norman Wohlgemuth, Norman Wohlgemuth Chandler & Dowdell, Tulsa, Oklahoma for Defendants/Appellants.

James W. Rusher and Heath E. Hardcastle, Albright, Rusher & Hardcastle, PC, Tulsa, Oklahoma, for Plaintiff/Appellee.

HARGRAVE, J.

¶1 Plaintiff Richard C. Barnett (Barnett) sued defendants Darryl K. Simmons and Paul A. Franks, individually and as partners doing business as Rock Oil Company (Rock Oil), seeking unpaid royalties on sales of oil allegedly owed to him by Rock Oil as operator of a well producing on the Osborn lease. Barnett alleged that he had been underpaid for royalties on the Osborn lease and that Rock Oil had breached its fiduciary duty by inappropriately limiting...

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