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NORTHERN NATURAL GAS CO. v. NASH OIL & GAS, INC.

No. 07-3104.

526 F.3d 626 (2008)

NORTHERN NATURAL GAS COMPANY, Plaintiff-Counter-Defendant-Appellant, v. NASH OIL & GAS, INC., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 19, 2008.

Attorney(s) appearing for the Case

Alan L. Rupe (Richard A. Olmstead, with him on the briefs), Kutak Rock LLP, Wichita, KS, appearing for Appellant.

Jeffrey L. Carmichael, Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, appearing for Appellee.

Before HENRY, Chief Circuit Judge, TACHA, and O'BRIEN, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-Appellant Northern Natural Gas Company ("Northern") is a natural gas company that operates an underground gas storage field known as the Cunningham storage field in south-central Kansas. Defendant-Appellee Nash Oil & Gas, Inc. ("Nash") owns and operates natural gas wells, some of which are located approximately four miles north of the Cunningham storage field. Based on Northern's belief that its "storage gas" has migrated to Nash...

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