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FREEBIRD, INC. v. MERIT ENERGY CO.

Civil Action No. 10-1154-KHV.

883 F.Supp.2d 1026 (2012)

FREEBIRD, INC., on behalf of itself and others similarly situated, Plaintiff, v. MERIT ENERGY CO. (including predecessors and successors), Defendant.

United States District Court, D. Kansas.

August 1, 2012.

Attorney(s) appearing for the Case

Barbara C. Frankland, Rex A. Sharp, Gunderson Sharp & Walke, LLP, Prairie Village, KS, David E. Sharp, Gunderson Sharp & Walke, LLP, Houston, TX, Joseph R. Gunderson, Gunderson Sharp & Walke, LLP, Des Moines, IA, for Plaintiff.

Rex A. Sharp, Gunderson Sharp & Walke, LLP, Prairie Village, KS, Ryan J. Reaves, Mullins, Hirsch, Edwards, Heath, White & Martinez, Oklahoma City, OK, Christopher Kamper, Craig R. Carver, Carver Kirchhoff Schwarz McNab & Bailey, LLC, Denver, CO, Karl F. Hirsch, Mullins, Hirsch, Edwards, Heath, White & Martinez, Oklahoma City, OK, for Defendant.

MEMORANDUM AND ORDER

KATHRYN H. VRATIL, District Judge.

Freebird, Inc. brings class action claims on behalf of royalty owners in Kansas to determine the proper method of calculating natural gas royalties under Kansas law, and to recover alleged underpayment of royalties. It alleges that Merit Energy Co. violated the Kansas implied covenant to market by improperly passing on to plaintiff and class members the costs of processing natural gas and its...

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