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BAY v. ANADARKO E&P ONSHORE LLC

No. 17-1374.

912 F.3d 1249 (2018)

Marvin BAY; Mildred Bay, Co-Trustees of the Bay Family Trust, Plaintiffs-Appellants, and Vernon Jesser; Mary Jesser; Kent J. McDaniel; Deanna R. McDaniel, Plaintiffs, v. ANADARKO E&P ONSHORE LLC; Anadarko Land Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED December 26, 2018.

Attorney(s) appearing for the Case

Sean Connelly of Connelly Law, LLC (Stacy A. Burrows and George A. Barton of Law Offices of George A. Barton, P.C., Overland Park, Kansas, Lance F. Astrella and Steven Louis-Prescott of Astrella Law, P.C., Denver, Colorado, Donald M. Ostrander of Hamre, Rodriguez, Ostrander & Dingess, Denver, Colorado, with him on the briefs), Denver, Colorado, for Plaintiffs-Appellants.

David G. Palmer (John Voorhees, John K. Crisham, Jeffrey M. Lippa, Harriet Retford, and Lindsay N. Uhl of Greenberg, Traurig, L.L.P, with him on the brief), Denver, Colorado, for Defendants-Appellees.

Before McHUGH, KELLY, and MORITZ, Circuit Judges.

This appeal concerns a trespass claim by Plaintiffs-Appellants Marvin and Mildred Bay that Defendants-Appellees Anadarko E&P Onshore LLC and Anadarko Land Corp. (together, "Anadarko"), through their lessee, exceeded the scope of an easement by using excessive surface land to drill...

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