Beer v. XTO: Class Action Information
OVERVIEW
XTO pays the class based on a "sale" from XTO to one of its wholly-owned subsidiaries, Timberland Gathering and Processing Co., Inc. ("Timberland"). The price it uses to pay royalties is arbitrarily discounted either 15% or 20% from the price XTO ultimately receives for the gas in the first arms-length transaction.
Plaintiffs contend that basing royalties on such a "sale" between XTO and its wholly-owned subsidiary is improper in both Oklahoma and Kansas. Nearly 300 XTO-operated wells feed into the Timberland gathering and processing system, which services class members' wells. Damages incurred by the class are estimated to exceed $25 million.
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On March 20, 2009 an order certifying Beer v. XTO as a class action was filed by the Court in the Federal Court for the Western District of Oklahoma.