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

No. 13-4012 and 13-4021.

830 F.3d 1171 (2016)

TRANS-WESTERN PETROLEUM, INC., a Colorado corporation, Plaintiff-Appellant/Cross-Appellee, v. UNITED STATES GYPSUM COMPANY, an Illinois corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

July 26, 2016.

Attorney(s) appearing for the Case

Stephen K. Christiansen , ( Sam Meziani and Kelley M. Marsden of Van Cott , Bagley, Cornwall & McCarthy, on the briefs), Salt Lake City, Utah, for Plaintiff-Appellant-Cross-Appellee.

Matthew J. Ball (and Patricia W. Christensen of Parr, Brown, Gee & Loveless, P.C., on the briefs), Salt Lake City, Utah, for Defendant-Appellee/Cross-Appellant.

Before KELLY, LUCERO, and HOLMES, Circuit Judges.

This diversity case involves a 2004 oil and gas lease with a five-year term between Trans-Western Petroleum, Inc. ("Trans-Western") and United States Gypsum Co. ("USG"). In a prior appeal, we determined Trans-Western held a valid oil and gas lease. Trans-Western Petroleum, Inc. v. United States Gypsum Co.

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