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TRENT v. ENERGY DEVELOPMENT CORP.

No. 89-2144.

902 F.2d 1143 (1990)

Ottaway TRENT, Executor of the Estate of Woodrow Trent, deceased; Mildred Jean Blankenship, heir of Hassell Richmond Blankenship, deceased; Harold R. Deitz; John H. McCutcheon, Plaintiffs, v. ENERGY DEVELOPMENT CORPORATION, a Virginia Corporation, Defendant-Appellant, v. Joe CASSADY; Patty Cassady, Third-Party Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1990.

As Amended July 26, 1990.

Attorney(s) appearing for the Case

Wayne Lewis Evans, Katz, Kantor & Perkins, Bluefield, W.Va., for defendant-appellant.

Wade Thomas Watson, Sanders, Watson & White, Bluefield, W.Va., for third-party defendants-appellees.

Before ERVIN, Chief Judge, and HALL and WILKINSON, Circuit Judges.

K.K. HALL, Circuit Judge:

Energy Development Corporation ("EDC") appeals from the order entering summary judgment on its third-party complaint in favor of Joe and Patty Cassady. Finding no error, we affirm.

I.

On September 15, 1978, EDC entered into a natural gas lease with the Cassadys to drill a gas well on their 5.61-acre tract of land in McDowell County, West Virginia. The lease granted the Cassadys a standard "royalty for all gas produced, saved...

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