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KAY COMPANY, LLC v. EQUITABLE PRODUCTION CO.

No. 21-1614.

27 F.4th 252 (2022)

The KAY COMPANY, LLC; Diane Dile Green, individually and attorney-in-fact for the heirs of Luther E. Kile; The H. A. Robson Trust; Edwin N. Vinson, beneficiary and trustee of the H.A. Robson Trust; David H. Daugherty, trustee of the H.A. Robson Trust; Mary Blair V. Chapuisat, beneficiary of the H.A. Robson Trust; H. Dotson Cather, trustee of Diana Goff Cather Trusts; Clyde Emerson McClung, individually; James E. Hamric, III, individually, Plaintiffs, and Marcus Huey; Estate of James Robert Huey; Kenneth Huey; Richard Huey; Barbara Huey; John Huey; Laura Maynard, executrix of the estate of Jean Gould, deceased; West-Grubb, LLC; Stoney Meadows, LLC; Sarabeth Lamm; James G. West, LLC; Captain Perry, LLC; Jennie G. West, LLC; Jennie's Legacy, Inc.; J.B. West, LLC; Brent Lambiotte; Charles Lambiotte; Jean Lambiotte Piggott, Intervenors/Plaintiffs-Appellees, v. EQUITABLE PRODUCTION COMPANY, a qualified Pennsylvania Corporation; Equitable Resources, Inc., a Pennsylvania corporation, Defendants-Appellants, and Statoil North America, Inc., a Delaware corporation; Statoil Energy, Inc., a Virginia corporation; Statoil Energy Holdings, Inc., a Delaware corporation; Ashland Oil, Inc., a Kentucky corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2022.

Attorney(s) appearing for the Case

ARGUED: David Dehoney , McKOOL SMITH P.C., New York, New York, for Appellants. James Robert Russell , SHUMAN MCCUSKEY & SLICER PLLC, Morgantown, West Virginia, for Appellees. ON BRIEF: Lauren W. Varnado , MCKOOL SMITH P.C., Houston, Texas; Jennifer J. Hicks , BABST CALLAND, Charleston, West Virginia, for Appellants. John F. McCuskey , SHUMAN MCCUSKEY SLICER PLLC, Charleston, West Virginia, for Appellees.

Affirmed by published opinion. Senior Judge Floyd wrote the opinion in which Chief Judge Gregory and Senior Judge Traxler joined.

This appeal involves a motion to enforce the final judgment and final order in a class action settlement made in the district court by the defendant in the class action, Appellants EQT Production Company and Equitable Resources, Inc., (collectively, EQT), and class members and Appellees, the "Huey Plaintiffs." Three...

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