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JN EXPLORATION & PRODUCTION v. WESTERN GAS RESOURCES

Nos. 96-4058, 96-4134.

153 F.3d 906 (1998)

JN EXPLORATION & PRODUCTION, Plaintiff-Appellee, v. WESTERN GAS RESOURCES, INC., Defendant-Appellant. JN EXPLORATION & PRODUCTION, Plaintiff-Appellant, v. WESTERN GAS RESOURCES, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 1, 1998.

Attorney(s) appearing for the Case

Gary C. Davenport, Denver, CO, argued (Eric A. Beltzer, Denver, CO, on the brief), for appellant Western Gas Resources.

Todd Zimmerman, Fargo, ND, argued (Steven A. Johnson, Fargo, ND, on the brief), for JN Exploration & Production.

Nicholas J. Spaeth, Fargo, ND, argued (Robert L. Sterup, Billings, MT, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, and LOKEN and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Western Gas Resources, Inc. (Western) appeals from the district court's denial of its motion for summary judgment and from the grant of JN Exploration & Production's (JN) motion for summary judgment. JN cross-appeals, contesting the district court's denial of JN's motion for attorneys' fees and the inclusion of an indemnity clause in the judgment. JN has additionally moved to strike portions of...

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