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ENCANA OIL & GAS (USA), INC. v. MILLER

Court of Appeals No. 16CA1979.

405 P.3d 488 (2017)

2017 COA 112

ENCANA OIL & GAS (USA), INC., Plaintiff-Appellant, v. Sally MILLER; Barclay Farms, LLC; Joan Elaine Brehon; David Furlong and Joyce Furlong, as Co-Trustees for the Janette Foote Estate; Niles Miller; White River Royalties, LLC; Whitney Brace, as Trustee for the T.E. McClintlock Trust; and Helen Nelson, as Trustee for the Edwin Miller Trust, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Announced August 10, 2017.

Attorney(s) appearing for the Case

Welborn Sullivan Meck & Tooley, P.C., Jens Jensen , Brian S. Tooley , Samuel S. Bacon , Denver, Colorado, for Plaintiff-Appellant.

Law Offices of George A. Barton, P.C., Stacy A. Burrows , George A. Barton , Robert G. Harken, Overland Park, Kansas, for Defendants-Appellees.

¶ 1 A certified class of Colorado oil and gas royalty owners (the Class) and EnCana Oil & Gas (USA), Inc. (EnCana), were involved in litigation beginning in 2005 over EnCana's alleged underpayment of royalties on natural gas it produced. In 2008, EnCana and the Class entered into a settlement agreement that detailed...

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