Wagner & Brown, Ltd. v. Horwood

Justice HECHT, joined by Justices OWEN, and ABBOTT, dissenting from the denial of the motion for rehearing of the petition for review.

Lonnie Horwood and David Glass brought suit on behalf of some 250 royalty interest owners under oil and gas leases to Wagner & Brown, Ltd. Plaintiffs allege that between 1985 and 1995 Wagner & Brown paid its general partner, Canyon Energy, Inc., excessive gathering and compression charges and consequently underpaid royalties. The district court refused to certify a class under Rule 42(b)(1)(A), and plaintiffs appealed. 1 The court of appeals reversed, holding…