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YOUNG v. EQUINOR USA ONSHORE PROPERTIES, INC.

No. 19-1334, No. 19-1335.

982 F.3d 201 (2020)

Travis YOUNG; Michelle Bee Young, Plaintiffs-Appellees, v. EQUINOR USA ONSHORE PROPERTIES, INC., Defendant-Appellant, and Swn Production Company; Statoil USA Onshore Properties, Inc., Defendants. The West Virginia Oil and Natural Gas Association; The Independent Oil and Gas Association of West Virginia, Inc., Amici Supporting Appellant. Travis Young; Michelle Bee Young, Plaintiffs-Appellees, v. Swn Production Company, Defendant-Appellant, and Statoil USA Onshore Properties, Inc.; Equinor USA Onshore Properties, Inc., Defendants. The West Virginia Oil and Natural Gas Association; The Independent Oil and Gas Association of West Virginia, Inc., Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 1, 2020.

Attorney(s) appearing for the Case

ARGUED: Elbert Lin , HUNTON ANDREWS KURTH, LLP, Richmond, Virginia, for Appellants. Jeremy Matthew McGraw , BORDAS & BORDAS, PLLC, Moundsville, West Virginia, for Appellees. ON BRIEF: Ryan A. Shores , William J. Haun , SHEARMAN & STERLING LLP, Washington, D.C.; Bridget D. Furbee , Kristen Andrews Wilson , STEPTOE & JOHNSON PLLC, Bridgeport, West Virginia, for Appellant Equinor USA Onshore Properties Inc. Marc S. Tabolsky , SCHIFFER HICKS JOHNSON PLLC, Houston, Texas; Timothy M. Miller , Katrina N. Bowers , BABST CALLAND, Charleston, West Virginia, for Appellant SWN Production Company, LLC. James G. Bordas, Jr. , BORDAS & BORDAS, PLLC, Wheeling, West Virginia, for Appellees. Don C.A. Parker , William M. Herlihy , SPILMAN THOMAS & BATTLE, PLLC, Charleston, West Virginia, for Amici Curiae.

Vacated and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Thacker and Judge Harris joined.

Equinor USA Onshore Properties and SWN Production Company appeal a district court's decision granting summary judgment in favor of Travis Young and Michelle Bee Young. The Youngs sued Equinor and SWN to challenge the deduction of post-production costs from royalties paid to the Youngs pursuant to an oil and gas lease between...

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