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CABALLO COAL COMPANY v. FIDELITY EXPLORATION & PRODUCTION COMPANY

No. 03-91.

84 P.3d 311 (2004)

2004 WY 6

CABALLO COAL COMPANY, a Delaware Corporation, Appellant (Defendant), v. FIDELITY EXPLORATION & PRODUCTION COMPANY, a Delaware Corporation, Appellee (Plaintiff), and Marion Jankowski; The Catherine L. Demchock Family Mineral Trust Dated 9-25-01; Charles Irwin Jenkins; Patricia Marie Stricker; Donald Ray Jenkins, Appellees (Defendants).

Supreme Court of Wyoming.

February 10, 2004.

Attorney(s) appearing for the Case

Representing Appellant: Dan B. Riggs and Michael C. Steel of Lonabaugh and Riggs, Sheridan, WY. Argument by Mr. Steel.

Representing Appellee Fidelity Exploration: S. Thomas Throne of Throne & Hurst, Sheridan, WY.

Representing Appellee Jankowski: Lynn M. Smith of Hart & Beisher, Sheridan, WY.

Representing Appellees Jenkinses and Stricker: Clay B. Jenkins, Sheridan, WY. Argument by Mr. Jenkins.

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

LEHMAN, Justice.

[¶ 1] This is an appeal from summary judgment entered in favor of appellees Marion Jankowski, the Catherine L. Demchock Family Mineral Trust dated 9/25/01, Charles Irwin Jenkins, Patricia Maria Stricker, and Donald Ray Jenkins (collectively appellees) and against appellant Caballo Coal Company (CCC). In granting summary judgment, the district court ruled that appellees' predecessors had not conveyed the rights to coalbed methane gas (CBM) when...

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