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TRANS-WESTERN PETROLEUM, INC. v. U.S. GYPSUM CO.

Nos. 08-4120, 08-4121.

584 F.3d 988 (2009)

TRANS-WESTERN PETROLEUM, INC., a Colorado corporation, Plaintiff-Counter-Defendant-Appellee/Cross-Appellant, v. UNITED STATES GYPSUM CO., an Illinois corporation, Defendant, and Chevron U.S.A., Inc., a Pennsylvania corporation; Wolverine Gas and Oil Corp., a Michigan corporation; Winn Exploration Co., Inc., a Texas corporation; Billingsley Interests, Ltd., a Texas limited partnership, Defendants-Counter-Claimants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

October 27, 2009.

Attorney(s) appearing for the Case

Jack R. Luellen, (Katherine W. Wittenberg and Frederick M. MacDonald with him on the briefs), of Beatty & Wozniak, P.C., Denver, CO, for Appellants/Cross-Appellees.

Stephen K. Christiansen, (Thomas W. Clawson and Sam Meziani with him on the brief), of Van Cott, Bagley, Cornwall McCarthy, Salt Lake City, UT, for the Appellee/Cross-Appellant.

Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

I. INTRODUCTION

This case involves a dispute over which of two energy companies, Trans-Western Petroleum, Inc., or Wolverine Gas and Oil Corp., currently holds a valid oil and gas lease on a portion of land in Utah. Trans-Western asserts that it has a valid lease with a lease term beginning on August 17, 2004. Wolverine acknowledges that the primary term of its lease expired on August 17, 2004. However, Wolverine asserts that its...

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