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K & D HOLDINGS, LLC v. EQUITRANS, L.P.

No. 15-1166.

812 F.3d 333 (2015)

K & D Holdings, LLC, Plaintiff-Appellee, v. EQUITRANS, L.P.; EQT Production Company, Defendants-Appellants, and EQT Corp. a/k/a Equitrans, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 28, 2015.

Amended: February 8, 2016.

Attorney(s) appearing for the Case

ARGUED: Nicolle Renee Snyder Bagnell , REED SMITH LLP, Pittsburgh, Pennsylvania, for Appellants. Stephen A. Wickland , Clarksburg, West Virginia, for Appellee. ON BRIEF: Kevin C. Abbott , Lucas Liben , Reed Smith LLP, Pittsburgh, Pennsylvania; Michael W. Smith , R. Braxton Hill, IV , Christian & Barton LLP, Richmond, Virginia, for Appellants.

Reversed and remanded with instructions by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Judge AGEE joined.

This appeal concerns an oil and gas lease (the "Lease") between Defendants-Appellants Equitrans, L.P., and EQT Production Co. (collectively, "EQT"),1 as lessees, and Plaintiff-Appellee K & D Holdings, L.L.C. ("K & D"), as lessor. The district court concluded that the Lease was divisible...

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