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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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