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FINITE RESOURCES, LTD. v. DTE METHANE RESOURCES

No. 21-1512.

44 F.4th 680 (2022)

FINITE RESOURCES, LTD., Southern Cross Energy, LLC, and Durango Group, Inc., Plaintiffs-Appellants, v. DTE METHANE RESOURCES, LLC and Keyrock Energy, LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 2022.

Attorney(s) appearing for the Case

William C. Illingworth , Attorney, Illingworth Law Group, LLC, Evansville, IN, for Plaintiffs-Appellants.

Benjamin L. Riddle , Attorney, Steptoe & Johnson PLLC, Louisville, KY, for Defendant-Appellee DTE Methane Resources, LLC.

V. Brandon McGrath , Attorney, Dentons Bingham Greenebaum LLP, Cincinnati, OH, G. Patrick Murphy , Attorney, Murphy & Murphy LLC, Marion, IL, John E. Rhine , Attorney, Dentons Bingham Greenebaum LLP, Evansville, IN, for Defendant-Appellee Keyrock Energy, LLC.

Before Scudder, Kirsch, and Jackson-Akiwumi, Circuit Judges.

The question in this case is whether the doctrine of correlative rights prohibits defendants from using a vacuum pump to extract coal mine methane from their property. Plaintiffs Finite Resources, Ltd., Southern Cross Energy, LLC, and Durango Group, Inc. (collectively, "Finite") take the position that it does, so...

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