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CIG EXPLORATION, INC. v. STATE

No. 990412.

24 P.3d 966 (2001)

2001 UT 37

CIG EXPLORATION, INC., Plaintiff and Appellant, v. STATE of Utah and Richard J. Mitchell, Director, Department of Natural Resources, Division of State Lands and Forestry, Defendants and Appellees.

Supreme Court of Utah.

May 4, 2001.

Attorney(s) appearing for the Case

Maxwell A. Miller, Douglas R. Davis, Salt Lake City, Debra K. Broussard, Houston, for plaintiffs.

Rodney G. Snow, Neil A. Kaplan, Anneli R. Smith, Salt Lake City, for defendants.

HOWE, Chief Justice:

¶ 1 Plaintiff CIG Exploration, Inc. (CIGE) appeals from the trial court's judgment that the statute of limitations contained in section 78-12-25(1) of the Utah Code barred recovery of royalties it allegedly overpaid defendant State of Utah.

BACKGROUND

¶ 2 The material facts are undisputed. In the early 1970s, the Federal Power Commission (FPC) set specific wellhead prices that could be charged for natural gas. In 1973...

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