804 F.2d 1144 (10th Cir. 1986), 85-1370, Brooks v. Barbour Energy Corp.

Docket Nº:85-1370, 85-1711.
Citation:804 F.2d 1144
Party Name:Bert BROOKS, Jr., Mary Jane Wolk, M.J. Resources, a partnership, Kyger Resources, Inc., a corporation formerly Kyger Company, and Phyllis Katherin Little, Plaintiffs-Appellants, v. BARBOUR ENERGY CORPORATION, Defendant-Appellee.
Case Date:November 05, 1986
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1144

804 F.2d 1144 (10th Cir. 1986)

Bert BROOKS, Jr., Mary Jane Wolk, M.J. Resources, a

partnership, Kyger Resources, Inc., a corporation

formerly Kyger Company, and Phyllis

Katherin Little, Plaintiffs-Appellants,

v.

BARBOUR ENERGY CORPORATION, Defendant-Appellee.

Nos. 85-1370, 85-1711.

United States Court of Appeals, Tenth Circuit

November 5, 1986

Page 1145

Kenneth N. McKinney (J.R. "Randy" Baker, with him on the briefs), of McKinney, Stringer & Webster, P.C., Oklahoma City, Okla., for plaintiffs-appellants.

Jack L. Kinzie and Bobbie T. Shell of Andrews, Davis, Legg Bixler, Milsten & Murrah, Oklahoma City, Okla., for defendant-appellee.

Before McKAY and ANDERSON, Circuit Judges, and JOHNSON, District Judge. [*]

McKAY, Circuit Judge.

The appellants are a group of investors consisting of Bert Brooks, Jr., Mary Jane Wolk, M.J. Resources, Inc., and Phyllis Katherin Little (the Brooks Group). The appellee, Barbour Energy Corporation (Barbour), is an Oklahoma corporation engaged in exploring for, acquiring, and developing oil and gas property. It provides investors opportunities to participate in these exploration activities.

Barbour and the Brooks Group entered into a comprehensive written agreement, which the parties referred to as the "Participation Agreement," concerning the Brooks Group's participation in Barbour's acquisition and development of oil and gas property. The two parties also entered into an "Agency and Nominee Agreement" under which the Brooks Group made Barbour its agent for collecting oil revenues. The Brooks Group subsequently sued Barbour in the United States District Court for the Western District of Oklahoma, asserting that Barbour had wrongfully withheld oil and gas proceeds. The parties held an extended settlement conference before Judge Lee R. West and tentatively resolved their dispute. A court reporter made a record of this conference, and several months later the parties entered into a written agreement memorializing the settlement. Pursuant to this settlement agreement, the court entered an order dismissing the suit with prejudice.

The settlement agreement is an eighteen page document containing convoluted waiver provisions. The Brooks Group waived and released "all claims arising out of the Participation Agreement and Agency and Nominee Agreement." Record, vol. 2, at 13. Barbour agreed that the Brooks Group could join, but not...

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