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WILLISTON BASIN v. EXCLUSIVE GAS STORAGE LEASEHOLD

No. 06-35660.

524 F.3d 1090 (2008)

WILLISTON BASIN INTERSTATE PIPELINE COMPANY, Plaintiff-Appellant, v. AN EXCLUSIVE GAS STORAGE LEASEHOLD AND EASEMENT IN THE CLOVERLY SUBTERRANEAN GEOLOGICAL FORMATION, Including But Not Limited to the Formation Beneath Section 35, T9S, R23E Carbon County, Montana, and Beneath Section 19, T58N, R99W Park County, Wyoming, and Certain Oil or Gas Wells Located Therein; Howell Petroleum Corporation; Anadarko Petroleum Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2008.

Attorney(s) appearing for the Case

Robert T. Hall, III (argued) and Andrea Wolfman, Thelen Reid Brown Raysman & Steiner LLP, Washington, D.C., for the plaintiff-appellant.

Jon Metropoulos and Dana L. Hupp, Gough, Shanahan, Johnson & Waterman, Helena, MT, for the plaintiff-appellant.

W. Scott Mitchell and Jason S. Ritchie, Holland and Hart LLP, Billings, MT, for the defendants-appellees.

Patrick R. Day (argued), Holland and Hart LLP, Cheyenne, WY, for the defendants-appellees.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge:

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Anadarko Petroleum Corporation (Howell/Anadarko). Two of those wells are located within the lateral boundaries of Williston's storage reservoir, but are completed in geologic formations (the Morrison...

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