Legal Opinion
Wallace B. Roderick Revocable Living Trust v. XTO Energy, Inc.
Court of Appeals for the Tenth Circuit
Decided July 9, 2013No. 12-3176PublishedCited by 92 opinions
1Opinion of the Court
PAUL KELLY, JR., Circuit Judge.
Defendant-Appellant XTO Energy Inc. (XTO) appeals from the district court’s order certifying a class of Kansas royalty owners, represented by Plaintiff-Appellee Wallace B. Roderick Revocable Living Trust (the Trust), who seek recovery for XTO’s alleged underpayment of royalties. Specifically, the Trust claims XTO violated Kansas law by improperly deducting costs associated with placing the gas into “marketable condition.” The district court certified the class under Federal Rule of Civil Procedure 23(b)(3). The class includes thousands of royalty owners, whose…
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