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CHARTER OAK PRODUCTION CO. v. MORGAN

Nos. 108,289, 108,290. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

263 P.3d 325 (2011)

2011 OK CIV APP 104

CHARTER OAK PRODUCTION CO., L.L.C., Plaintiff/Appellant, v. Adrian O'Shea Morgan and BNO Enterprises, L.L.C., Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied May 31, 2011.

Attorney(s) appearing for the Case

Alan Agee , Garvin, Agee, Carlton & Mashburn, P.C., Pauls Valley, Oklahoma, for Plaintiff/Appellant.

James B. Blevins, Jr. , Carrie Kopp , Purcell, Oklahoma, for Defendant/Appellee, Adrian O'Shea Morgan.

Rollin Nash, Jr. , Gina D. Knight , Nash, Cohenour, Kelley & Giessman, P.C., Oklahoma City, Oklahoma, for Defendant/Appellee, BNO Enterprises, L.L.C.

ROBERT DICK BELL, Chief Judge.

¶ 1 Plaintiff/Appellant, Charter Oak Production Co., L.L.C., appeals from the trial court's order granting the dismissal motions of Defendants/Appellees, Adrian O'Shea Morgan and BNO Enterprises, L.L.C., on the ground Plaintiff did not have standing to bring this action as an "operator" under the Surface Damages Act (Act), 52 O.S.2001 § 318.2 et seq. For the reasons set forth below, we reverse and remand for further...

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