James P. ROGERS, Estate of Charles R. Brophy, Desmond D. Brophy, Donald R. Brophy, Douglas K. Brophy, James P. Brophy, III, Estate of James P. Brophy, Joseph Paul Brophy, Joseph Paul Brophy, Jr., Martin D. Brophy, Thomas E. Brophy, Todd R. Brophy, Conrad Oil & Gas, Ltd., Marguerite Conrad, Harris Lett, Otto E. Lueking, Jr., and Kitzmiller Grazing Association, Inc., Plaintiffs-Appellees and Cross-Appellants,
v.
WESTERMAN FARM COMPANY, H.G. Westerman, Carl A. Westerman, Loyle P. Miller, Joe Gray, JG-Kansas No. 2 Venture, Dr. Ralph M. Connell, Connell Family Living Trust, Thomas J. Jeffrey, Meredith Mallory, Jr., The Travis Family Trust B, and Rosewood Resources, Inc., Defendants-Appellants and Cross-Appellees, and
J-W Operating Company and Samedan Oil Corporation, Defendants and Cross-Appellees.
Colorado Court of Appeals, Div. II.https://leagle.com/images/logo.png
December 24, 1998.
As Modified on Denial of Rehearing March 11, 1999.
Certiorari Granted September 13, 1999.
Attorney(s) appearing for the Case
Benedetti & Dee, Robert H. Dee, Wray; Rasmussen, Barton & Willis, L.L.C., George A. Barton, Kansas City, Missouri, for Plaintiffs-Appellees and Cross-Appellants.
Welborn, Sullivan, Meck & Tooley, P.C., Keith D. Tooley, Brian S. Tooley, Denver, Colorado, for Defendants-Appellants and Cross-Appellees Westerman Farm Company, H.G. Westerman, Carl A. Westerman, and Loyle P. Miller and Defendant and Cross-Appellee J-W Operating Company
Walter H. Sargent, P.C., Walter H. Sargent, Colorado Springs, Colorado; Holme Roberts & Owen, LLP, Spencer T. Denison, Martin D. Litt, Denver, Colorado, for Defendants-Appellants and Cross-Appellees Joe Gray, JG-Kansas No. 2 Venture, Dr. Ralph M. Connell, Connell Family Living Trust, Thomas J. Jeffrey, Meredith Mallory, Jr., The Travis Family Trust B, and Rosewood Resources, Inc. and Defendant and Cross-Appellee Samedan Oil Corporation
Hall & Evans, LLC., Brooke Wunnicke, Denver, Colorado; Bjork, Lindley, Danielson, & Baker, P.C., Laura Lindley, Denver, Colorado, for Amicus Curiae Colorado Oil and Gas Association and Rocky Mountain Oil and Gas Association
Dufford, Waldeck, Milburn & Krohn, William H.T. Frey, Flint B. Ogle, Grand Junction, Colorado; Stead & Heath, P.C., Robin Stead, Donald F. Heath, Jr., Oklahoma City, Oklahoma, for Amicus Curiae National Association of Royalty Owners, Inc.
McDaniel Baty & Miller, LLC, G.R. Miller, Durango, Colorado; Fleeson, Gooing, Coulson & Kitch, Thomas D. Kitch, Gregory J. Stucky, Wichita, Kansas, for Amicus Curiae Richard Parry, Linda Parry, Petrogulf Corporation, Douglas Cameron Mcleod, Evelyn L. Payne and David G. Groblebe
Colorado Court of Appeals, Div. II.
Opinion by Judge CRISWELL.
Defendants, working interest owners of oil and gas leases on lands located in Yuma County, appeal from the judgment entered on special jury verdicts, which awarded damages to plaintiffs on their breach of contract claims. The verdicts upon which the judgment was based found that that natural gas which was sold by defendants at the wellhead was marketable at that point, but that gas in the same condition, when delivered to some other location...
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