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HS RESOURCES, INC. v. WINGATE

No. 02-40165.

327 F.3d 432 (2003)

HS RESOURCES, INC., Plaintiff-Appellant-Cross-Appellee, v. Jim R. WINGATE, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

April 8, 2003.

Attorney(s) appearing for the Case

Kerry Kilburn (argued), Kilburn, Jones, Gill & Campbell, Houston, TX, for HS Resources, Inc.

Robert Keith Wade (argued), Law Offices of Robert Keith Wade, Beaumont, TX, for Wingate.

Before BENAVIDES and DENNIS, Circuit Judges, and WALTER, District Judge.

DENNIS, Circuit Judge.

This declaratory judgment action concerns a dispute over royalty payments on a highly profitable natural gas well located on property owned by Jim Wingate and subleased to HS Resources, Inc. ("HSR").1 Following a hearing on opposing dispositive motions, the district court entered final judgment. It denied Wingate's motion to dismiss and granted HSR's motion for partial summary judgment, declaring that HSR could pool...

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