Burkett, et al. v. J.M. Huber Corporation
 and XTO Energy, Inc.
La Plata County, Colorado–Case No. 04 CV 255

Acting on behalf of themselves and approximately 600 royalty and overriding royalty owners, plaintiffs brought suit against J.M. Huber Corporation ("Huber") and XTO Energy, Inc. ("XTO") in 2004. Fleeson, Gooing, Coulson & Kitch, L.L.C. and G.R. Miller of McDaniel, Baty, Miller, Agro, Wales & Robbins, LLC, of Durango, Colorado, serve as counsel for the plaintiffs and Plaintiff Class.

The suit asks the court to order Huber and XTO to refund deductions they have taken from royalty payments for expenses incurred to gather, compress and treat the gas produced from leases in La Plata County, Colorado.

As the result of negotiations conducted in February and March of 2005, the plaintiffs and defendants agreed to settle the claims for wrongful deductions.

On March 22, 2005, Judge David Dickinson of the District Court of La Plata County, Colorado, issued an order preliminarily approving the settlement and directing that a Notice of Class Action and Proposed Settlement be sent to all members of the Plaintiff Class. Judge Dickinson conducted a Fairness Hearing on June 21, 2005 and approved the settlement..