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MONCRIEF v. WILLISTON BASIN INTERSTATE PIPELINE

Nos. 97-8087, 97-8088.

174 F.3d 1150 (1999)

W.A. MONCRIEF, Jr., as independent executor and personal representative of the Estate of W.A. Moncrief, deceased; W.A. Moncrief, Jr., individually, as Trustee for the Lee Wiley Moncrief Trust, as Trustee for the Tom O. Moncrief 1967 Trust, and as Trustee for the William Alvin Moncrief III Trust; Charles B. Moncrief, individually and as independent executor and personal representative of the Estate of W.A. Moncrief, deceased; Richard W. Moncrief, as independent executor and personal representative of the Estate of W.A. Moncrief, deceased, and as Trustee for the RWM 1988 Trust; Michael J. Moncrief, individually and as Trustee for the Michael J. Moncrief Grantor's Trust; Richard Barto Moncrief, individually, and Wade W. Wiley, Jr., as Trustee for the Richard Barto Moncrief 1988 Trust; Plaintiffs-Appellants/Cross-Appellees, v. WILLISTON BASIN INTERSTATE PIPELINE COMPANY; and MDU Resources Group, Inc., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

April 20, 1999.

Attorney(s) appearing for the Case

William Pannill, Pannill, Moser & Barnes, L.L.P., Houston, Texas (Roy L. Barnes, Pannill, Moser & Barnes, L.L.P., Houston, Texas, and Craig Newman, Casper, Wyoming, with him on the briefs) for Appellants/Cross-Appellees.

Daniel S. Kuntz, Zuger, Kirmis & Smith, Bismarck, North Dakota (James S. Hill, Rebecca S. Thiem, Zuger, Kirmis & Smith, Bismarck, North Dakota, and Frank D. Neville, Casper, Wyoming, with him on the briefs) for Appellees/Cross-Appellants.

Before PORFILIO, McWILLIAMS, and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This is a diversity action alleging breach of a 20-year contract (July 7, 1976—July 6, 1996) for the purchase of natural gas under leases on properties located in Converse County, Wyoming.1 The plaintiffs' complaint seeks, inter alia: (1) damages for alleged underpayment for delivered gas and for the defendants' refusal to buy gas after November 1993; (2) a declaratory judgment that following...

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