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NEWMAN v. RAG WYOMING LAND CO.

No. 01-209.

53 P.3d 540 (2002)

2002 WY 132

Mary NEWMAN, N.D. Morgan, Jr., Marshall Morgan, Karla Denzin, Lynda Morgan, Mitzi Harris, Mike Walters, Jane Cowan, Alice Morgan, Richard Morgan, Jim and Jolene Freeburn, Toni Nelson, Chuck Morgan, Kristi Fluharty, Joanne McGuire, Lisa Sigler and Rock Morgan (the "Morgan Mineral Heirs"), Appellants (Plaintiffs), v. RAG WYOMING LAND COMPANY, a Delaware corporation, and Hi-pro Production, LLC, a Wyoming Limited Liability Company, Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied October 1, 2002.

Attorney(s) appearing for the Case

Representing Appellants: Clay B. Jenkins of Jenkins Law Office, Sheridan, Wyoming.

Representing Appellee RAG Wyoming Land Company: Joseph E. Hallock and James L. Edwards of Stevens, Edwards & Hallock, P.C., Gillette, Wyoming.

Representing Appellee Hi-Pro Production, LLC: Dan B. Riggs, David C. Smith, and Michael C. Steel of Lonabaugh and Riggs, Sheridan, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] In 1968, the landowners, who owned both the surface and mineral estate in certain Campbell County property, leased their ranch for oil and gas development. Production occurred, and the lease remained held by that production. The landowners deeded the surface of the ranch and "coal and minerals commingled with [the] coal" to a neighboring coal mine operator in 1974, reserving all "oil, gas, and other minerals" not otherwise conveyed. Twenty...

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