CACTUS PETROLEUM v. CHESAPEAKE OPERATING

No. 102,588.

222 P.3d 12 (2009)

2009 OK 67

CACTUS PETROLEUM CORPORATION, on its own behalf and on behalf of all others similarly situated, Plaintiffs/Appellees, v. CHESAPEAKE OPERATING, INC., and Chesapeake Energy Corporation, Defendants/Appellees, Camelback, L.P. and Nancy A. Puckett, Objectors/Appellants.

Supreme Court of Oklahoma.

As Corrected October 9, 2009.

Rehearing Denied November 10, 2009.


Attorney(s) appearing for the Case

Kandi Jepsen Pate and Mark A. Wolfe, Pate & Wolfe, Oklahoma City, OK, Cody Hodgden, Hodgden, Hallren, Smithton & Hodgden, P.L.L.C., Woodward, OK, and Charles Watson, Jr., Charles D. Watson, Jr. L.L.C., for Plaintiffs/Appellees, Cactus Petroleum Corporation, and the Settlement Class.

Fred R. Gipson, Robert N. Barnes, Patranell Britten, Lewis, Barnes & Lewis, P.C., Oklahoma City, OK, for Defendants/Appellees, Chesapeake Operating, Inc., and Chesapeake Energy Corporation.

Gregory L. Mahaffey, Travis R. Brown, Mahaffey & Gore, P.C., Oklahoma City, OK, and Terry W. West and Bradley C. West, the West Law Firm, Shawnee, OK, Tom C. McCall, Austin, TX, and Britton D. Monts, Dallas, TX, for Objectors/Appellants.


REIF, J.

¶ 1 The issues presented on certiorari review are whether the trial court erred (1) in certifying a class of working interest owners, and (2) in approving the proposed settlement agreement over the objections of two working interest owners. The objectors challenged the class certification, alleging that the class was not a cohesive group because the objectors did not sign a marketing election letter agreeing to the marketing fees. According to the objectors...

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