Perpetual Royalty Corporation, United Royalty Corporation, Aberdeen Oil Company, Inc. v. Sarah Kipfer, Ward A. McGinnis Cities Service Oil Company

361 F.2d 317

• Court: Court of Appeals for the Tenth Circuit
• Decided: June 27, 1966
• Docket: 8305
• Status: Published

Opinion

PER CURIAM.

This is a diversity jurisdiction action wherein plaintiffs-appellants sought to establish claim to certain mineral rights in producing oil properties located in Kansas and for an accounting from defendants-appellees of some $852,000 received as royalties during the eight years preceding institution of the action. The cause was submitted to the trial court upon an agreed statement of facts and resulted in a holding by that court that appellants’ claims were barred by the equitable principles of laches. We hold that the trial court could and did properly apply the bar of laches to appellants’ claims under applicable Kansas law and under the totality of the facts and circumstances as set forth in that court’s memorandum opinion, D.C., 253 F.Supp. 571, and affirm the judgment for the reasons therein stated.