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MORRIS v. CMS OIL AND GAS CO.

Nos. S-08-0103, S-08-0104.

227 P.3d 325 (2010)

2010 WY 37

Julie McClain MORRIS, Appellant (Plaintiff), v. CMS OIL AND GAS COMPANY, Appellee (Defendant). CMS Oil and Gas Company, Appellant (Defendant), v. Julie McClain Morris, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 25, 2010.

Attorney(s) appearing for the Case

Representing Julie McClain Morris: Patrick G. Davidson and Rebecca L. Winkler of Daly Law Associates, LLC, Gillette, Wyoming. Argument by Mr. Davidson and Ms. Winkler.

Representing CMS Oil and Gas Company: Thomas F. Reese, Drake D. Hill and Orintha E. Karns of Brown, Drew & Massey, LLP, Casper, Wyoming. Argument by Mr. Reese.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] Julie McClain Morris owns an overriding royalty interest in gas wells operated by CMS Oil and Gas Company (CMS). Believing CMS was not properly reporting production or paying her royalties, Ms. Morris brought suit under the Wyoming Royalty Payment Act (WRPA), Wyo. Stat. Ann. § 30-5-301 thru 30-5-305 (LexisNexis 2009). After a bench trial, the district court found that CMS ultimately had paid the royalties due Ms. Morris but in some instances...

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