IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
June 16, 2009
HERBERT KILMER, ELSIE KILMER, JACQUELINE FRANTZ, JEFFREY KILMER, DIANE KILMER, KENNETH KILMER, AND THOMAS KILMER, RESPONDENTS
ELEXCO LAND SERVICES, INC. & SOUTHWESTERN ENERGY PRODUCTION COMPANY, PETITIONERS
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.
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