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WISER v. ENERVEST OPERATING, L.L.C.

Civil Action No. 3:10-CV-794(TJM/DEP).

803 F.Supp.2d 109 (2011)

David WISER, Elizabeth Wiser, Donald Heller, Judith Heller, Charles Lampman, Helen Lampman, David Ruston, Christopher Ruston, Steven Minacci, Eric Kessler, City Brook Properties, LLC, Roger Reed, Margie Reed, Audrey Livermore, Daniel Murphy, Marjorie Johnson as agent for Ruth Johnson, Daniel Wiser, and Glenda Murphy, Plaintiffs, v. ENERVEST OPERATING, L.L.C., Belden & Blake Corporation, and Chesapeake Appalachia, L.L.C., Defendants.

United States District Court, N.D. New York.

March 22, 2011.

Attorney(s) appearing for the Case

Peter H. Bouman, Esq. , Robert R. Jones, Esq. , Coughlin & Gerhart LLP, Binghamton, NY, for Plaintiffs.

Thomas S. West, Esq. , Yvonne E. Hennessey, Esq. , The West Firm, PLLC, Albany, NY, for Defendants.

DECISION AND ORDER

DAVID E. PEEBLES United States Magistrate Judge.

In late 1999 and early 2000 the plaintiffs, all of whom own property in this district, entered into virtually identical oil and gas leases with defendant Belden & Blake Corporation ("B & B") permitting exploration for and recovery of oil, gas, and other hydrocarbons on the lessors' respective premises. Each of those leases was for a primary term of ten years, but was subject...

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