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Kilmer v. Elexco Land Services

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
v.
ELEXCO LAND SERVICES, INC. & SOUTHWESTERN ENERGY PRODUCTION COMPANY, PETITIONERS

Per curiam.

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.

20090616

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