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HILL v. SOUTHWESTERN ENERGY CO.

No. 15-3458.

858 F.3d 481 (2017)

Robbie HILL; Gwenna Hill; Joseph Smith; Catherine Smith; Kathy L. Hamilton; Jerry Van Wormer; Randy Palmer; Joyce Palmer; Larry King; Margaret King; Adam Kofoid; Bradley Hooper; Crystal Hooper; Corey Warden; Julie Warden, Plaintiffs, Dale Stroud; Kari Stroud, Plaintiffs-Appellants v. SOUTHWESTERN ENERGY COMPANY, Defendant-Appellee Chesapeake Energy; XTO Energy, Inc., Defendants SEECO, Inc., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 22, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Timothy R. Holton , of Memphis, TN. The following attorney(s) appeared on the appellant brief; John R. Holton , of Memphis, TN., Michael P. McGartland , of Fort Worth, TX.

Counsel who presented argument on behalf of the appellee was Gregory Alan Perkins , of Little Rock, AR. The following attorney(s) appeared on the appellee brief; James D Rankin, III , of Little Rock, AR., Kimberly D. Logue , of Little Rock, AR.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

Southwestern Energy Co. disposed of fracking waste near the property of R. Dale and Kari B. Stroud after they refused to lease their property to SWE. The Strouds sued, claiming SWE's waste migrated onto their property. The district court granted SWE's motion for summary judgment based on the insufficiency of the Strouds' proof...

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