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PRENALTA CORP. v. COLORADO INTERSTATE GAS CO.

No. 90-8005.

944 F.2d 677 (1991)

PRENALTA CORPORATION, a Florida corporation; Spelman Prentice, an individual; James A. Masterson, an individual; Frederick R. Hickok, as Executor of the Estate of Clifford P. Hickok, Deceased; Ellis W. Manning, Jr., an individual; Elmer S. Parson, Jr., an individual; Gordon Van Fossen, an individual; Doris F. Johnson, an individual; Roland W. Hart, an individual; J. Adrian Padon, an individual; Gary Van Fossen, an individual; Frederick R. Hickok, an individual; and William C. Hickok, an individual, and the Spelpren Company, Plaintiffs-Appellants, v. COLORADO INTERSTATE GAS COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing December 6, 1991.

Attorney(s) appearing for the Case

J. Alan Galbraith of Williams & Connolly, Washington, D.C. (Gretchen VanderWerf of Hawley & VanderWerf, Denver, Colo., with him on the brief), for plaintiffs-appellants.

Jeffrey M. Goldsmith, Colorado Interstate Gas Co., Colorado Springs, Colo. (William J. Hornbostel and Rebecca H. Noecker of Colorado Interstate Gas Co., Colorado Springs, Colo., and Marilyn S. Kite of Holland & Hart, Cheyenne, Wyo., with him on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, TACHA, Circuit Judge, and BRETT, District Judge.

BRETT, District Judge

This diversity action arises out of a series of six gas purchase contracts between the sellers, Prenalta Corporation, twelve individuals,1 and The Spelpren Company, who own working interests in various natural gas wells located in Sweetwater County, Wyoming ("Prenalta"), and the buyer, Colorado Interstate Gas Company ("CIG"), an interstate gas pipeline company. Prenalta brought this action for declaratory relief against...

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