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LUTZ v. CHESAPEAKE APPALACHIA, L.L.C.

Nos. 10-4538, 11-3034.

717 F.3d 459 (2013)

Regis F. LUTZ; Marion L. Lutz; Leonard Yochman; Joseph L. Yochman; C.Y.V., LLC, Plaintiffs-Appellants, v. CHESAPEAKE APPALACHIA, L.L.C.; Columbia Energy Group; NiSource, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 29, 2013.

Attorney(s) appearing for the Case

ARGUED: Robert C. Sanders , Law Office of Robert C. Sanders, Upper Marlboro, Maryland, for Appellants. Yvette Harmon , McGuire Woods LLP, New York, New York, for Appellees. ON BRIEF: Robert C. Sanders , Law Office of Robert C. Sanders, Upper Marlboro, Maryland, James A. Lowe , Lowe Eklund Wakefield & Mulvihill, Cleveland, Ohio, for Appellants. Yvette Harmon , Philip Goldstein , McGuire Woods LLP, New York, New York, Jonathan Blank , McGuire Woods LLP, Charlottesville, Virginia, for Appellees.

Before: GIBBONS, GRIFFIN, and DONALD, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Plaintiffs-appellants are the owners and lessors of royalty rights to natural gas produced in Trumbull and Mahoning Counties in Ohio. In September 2009, plaintiffs filed this putative class-action lawsuit, alleging that defendants-appellees — three interrelated energy companies1 that entered into oil and gas leases with plaintiffs — deliberately and fraudulently underpaid gas royalties...

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