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HIGHLINE EXPLORATION, INC. v. QEP ENERGY CO.

No. 21-3662.

43 F.4th 813 (2022)

HIGHLINE EXPLORATION, INC., Plaintiff-Appellant. Nisku Royalty, LP; William R. LaCrosse; Tammy LaCrosse; Empire Oil Company; Kent M. Lynch, Plaintiffs v. QEP ENERGY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the appellant brief was Ian R. McLean , of Fargo, ND. The following attorney appeared on the appellant brief; Ronald Harvey McLean , of Fargo, ND.

Counsel who presented argument on behalf of the appellee and appeared on the appellee brief was Christopher Anthony Chrisman , of Denver, CO. The following attorneys appeared on the appellee brief; Jessica M. Schmidt , of Denver, CO., John Frederic Shepherd , of Denver, CO., and Michelle Rebecca Seares , of Denver, CO.

Before GRUENDER, BENTON, and GRASZ, Circuit Judges.

Highline Exploration, Inc. ("Highline"), Nisku Royalty, LP, William LaCrosse, Tammy LaCrosse, Empire Oil Company, and Kent M. Lynch (collectively, "Plaintiffs") sued QEP Energy Company ("QEP"), alleging QEP breached overriding royalty interest assignments held by Plaintiffs because QEP deducted post-production costs from royalties...

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