Pennsylvania Class Action Law Suit - Leases

Any info as to when the Pennsylvania Supreme Court is expected to rule in the Kilmer versus Elexco class action lawsuit, and whether the leases in question violate the State's mandate to return a minimum of 1/8th royalties to mineral rights owners? I think all arguments were heard in September. The case centers around leases containing provisions for mineral rights holders to also pay back end fees and taxes out of their 1/8th revenues.

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Permalink Reply by Jeffrey A Franklin, Esq. on January 21, 2010 at 5:45am
Appeal From: Susquehanna Co CCP, Civ Div, at No. 2008-57 dated 03-03-09. (Plenary Jurisdiction granted
from the Superior Court No. 464 MDA 2009)
Docketed Date: June 16, 2009
Probable Jurisdiction
Noted:
Allocatur Granted: June 16, 2009 Allocatur Docket No: 46 MM 2009
Allocatur Grant Order: AND NOW, this 16th day of June, 2009, the Application to File a Reply Brief and the Petition for
Exercise of Extraordinary Jurisdiction Pursuant to 42 Pa.C.S. § 726 are GRANTED. The parties are directed to brief the
following issue:
Whether 58 P.S. § 33 precludes parties from contracting that post-production costs be factored into the determination of
the amount of royalty payable under an oil or natural gas lease.


Supreme Court of Pennsylvania
DOCKET ENTRY 63 MAP 2009

September 16, 2009 Argued

Wait and see.

Jeff
Jeffrey A. Franklin, Esq.
Ryan, Russell, Ogden & Seltzer P.C.
1150 Berkshire Blvd., Suite 210
Wyomissing, PA 19610-1208
PH: 610-372-4761
FAX: 610-372-4177
JFranklin@RyanRussell.com
www.RyanRussell.com

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