DOHENY v. WEXPRO CO.

Nos. 91-8035, 91-8052.

974 F.2d 130 (1992)

Patrick A. DOHENY; Lucy Smith Battson, Inc.; E.L. Doheny, Inc.; William Henry Doheny, Inc.; Lucy Doheny Washington, Inc.; Timothy M. Doheny, Inc.; Sesnon Oil Company; Sevenwood, Inc.; Maurice W. Sullivan, Trustee of the Harry L. Crosby Marital Trust; Bank of the West, as Trustee for the Harry L. Crosby III Trust, and as Trustee for the Nathaniel Patrick Crosby Trust, and as Trustee for the Mary F. Crosby Lottimer Trust, Plaintiffs-Appellants, v. WEXPRO COMPANY; BHP Petroleum Company Inc.; Celsius Energy Company; Mountain Fuel Supply; Universal Resources Corporation, dba Questar Energy Company, Defendants-Appellees, Rocky Mountain Oil and Gas Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 21, 1992.


Attorney(s) appearing for the Case

Kenneth B. Siegel and Leanne B. De Vos of Sherman & Howard, Denver, Colo., for plaintiffs-appellants.

John F. Shepherd and Jane L. Montgomery of Holland & Hart, Denver, Colo., for defendants-appellees.

Charles L. Kaiser and Mary V. Laitos of Davis, Graham & Stubbs, Denver, Colo., filed an amicus curiae brief on behalf of Rocky Mountain Oil and Gas Ass'n.

Before LOGAN and EBEL, Circuit Judges, and SAFFELS, Senior District Judge.


LOGAN, Circuit Judge.

In these appeals, plaintiffs-appellants seek review of an order of the district court granting summary judgment to defendants-appellees (referred to individually or as Mountain Fuel, et al.). The issues on appeal are whether plaintiffs are entitled to balancing in kind, rather than cash balancing, to equalize the current gas imbalance on wells subject to a unit operating agreement executed between the parties, the relationship between owners...

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