James Barlow Family Ltd. Partnership v. David M. Munson, Inc.

U.S. Court of Appeals for the Tenth Circuit
James Barlow Family Ltd. Partnership v. David M. Munson, Inc., 132 F.3d 1316 (10th Cir. 1997)
1997 WL 821156

James Barlow Family Ltd. Partnership v. David M. Munson, Inc.

Opinion of the Court

ORDER

The Barlows have filed a motion to clarify our order and opinion on rehearing. Because our mandate issued on November 21, 1997, we treat the motion as one to recall the mandate. Under our inherent authority to recall the mandate for the purpose of clarifying an ambiguous prior order of the court, see Coleman v. Turpen, 827 F.2d 667, 671 (10th Cir. 1987); Dilley v. Alexander, 627 F.2d 407, 410-411 (D.C.Cir. 1980), we grant the motion and recall the mandate.

We clarify the opinion by eliminating the phrase on page 3 stating that we grant summary judgment in favor of Munson and by stating instead that we remand the matter for further consideration. In addition, on the last page we eliminate the phrase β€œand Mun-son thus has a complete defense to the nonpayment of royalties to the Barrows.”

Reference

Full Case Name
JAMES BARLOW FAMILY LIMITED PARTNERSHIP John and Lois Haun Family Partnership Barlow & Haun, Inc. L.A. McPeek and Company Barbara B. Crews B.J. Bradshaw Estate, by First Interstate Bank of Utah, Trustee Alpha Exploration, Inc. Chevron U.S.A., Inc. v. DAVID M. MUNSON, INC., UNITED STATES of America, Amicus Curiae
Cited By
39 cases
Status
Published