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ASHLAND OIL CO. v. JAEGER

No. 5673.

650 P.2d 265 (1982)

ASHLAND OIL COMPANY, a foreign corporation and Partnership Properties Co., a Colorado General Partnership, Appellants (Defendants), v. Elizabeth F. JAEGER, Jeffrey L. Jaeger, John F. Jaeger, William P. Jaeger, III, David C. Brunk, James D. Brunk, Jr., P. Curtis Brunk, T. Randall Brunk, and William Franklin Brunk, Appellees (Plaintiffs).

Supreme Court of Wyoming.

Rehearing Denied September 1, 1982.

Attorney(s) appearing for the Case

William F. Drew and David G. Lewis of Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellants.

William T. Schwartz and Richard R. Wilking of Schwartz, Bon, McCrary & Walker, Casper, for appellees.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

ROSE, Chief Justice.

This action was brought by the appellees (sometimes referred to as the Jaegers, lessors or royalty owners) to recover from appellants (sometimes referred to as lessees or Ashland) ad valorem and severance taxes assessed against oil and gas production. Appellants paid all taxes and then deducted from Jaegers' overriding royalty payments the amount paid on their behalf. Appellees Jaeger also sought declaratory relief from the district court asking...

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