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EATINGER v. BP AMERICA PRODUCTION CO.

No. 07-1266-JTM.

524 F.Supp.2d 1342 (2007)

Gene R. EATINGER, on behalf of himself and all similarly situated royalty owners, Plaintiffs, v. BP AMERICA PRODUCTION COMPANY, Defendant.

United States District Court, D. Kansas.

December 17, 2007.

Attorney(s) appearing for the Case

Barbara C. Frankland, Rex A. Sharp, Gunderson Sharp & Walke, L.L.P., Prairie Village, KS, for Plaintiffs.

Arthur S. Chalmers, Bradley Joseph Laforge, Richard C. Hite, Hite, Fanning & Honeyman, LLP, Wichita, KS, Joseph T. Jaros, Scott S. Barker, Holland & Hart LLP, Denver, CO, for Defendant.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

Presently before the court is plaintiff Gene Eatinger's motion to remand to state court (Dkt. No. 6). For the reasons stated below, Mr. Eatinger's motion is denied.

I. Background

Mr. Eatinger filed a complaint on behalf of himself and all similarly situated royalty owners on August 6, 2007, in the District Court of Kearney County, Kansas, Case No.2007 CV 6. The complaint alleged...

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