CORDER v. ANTERO RESOURCES CORP.

No. 21-1715, No. 21-1716.

57 F.4th 384 (2023)

Gerald W. CORDER; Marlyn C. Sigmon; Garnet C. Cottrill; Randall M. Corder; Janet C. Packard; Lorena Krafft; Cheryl Morris; Tracy Bridge; Angela Nicholson; Kevin McCall; Brian McCall, Plaintiffs-Appellees, v. ANTERO RESOURCES CORPORATION, a Delaware corporation, Defendant-Appellant. Gas and Oil Association of WV, Inc., Amicus Supporting Appellant, West Virginia Royalty Owners' Association; West Virginia Farm Bureau, Amicus Supporting Appellee. Gerald W. Corder; Marlyn C. Sigmon; Garnet C. Cottrill; Randall M. Corder; Janet C. Packard; Lorena Krafft; Cheryl Morris; Tracy Bridge; Angela Nicholson; Kevin McCall; Brian McCall, Plaintiffs-Appellants, v. Antero Resources Corporation, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 5, 2023.


Attorney(s) appearing for the Case

ARGUED: Elbert Lin , HUNTON ANDREWS KURTH, LLP, Richmond, Virginia, for Appellant/Cross-Appellee. Marvin Wayne Masters , THE MASTERS LAW FIRM LC, Charleston, West Virginia, for Appellee/Cross-Appellant. ON BRIEF: Erica N. Peterson , HUNTON ANDREWS KURTH, LLP, Washington, D.C.; W. Henry Lawrence, IV , Amy M. Smith , Shaina D. Massie , STEPTOE & JOHNSON PLLC, Bridgeport, West Virginia, for Appellant/Cross-Appellee. April D. Ferrebee , THE MASTERS LAW FIRM LC, Charleston, West Virginia, for Appellees/Cross-Appellants. William M. Herlihy , Don C.A. Parker , SPILMAN THOMAS & BATTLE, PLLC, Charleston, West Virginia, for Amicus Gas and Oil Association of WV, Inc. Howard M. Persinger, III , PERSINGER & PERSINGER, L.C., Charleston, West Virginia, for Amici West Virginia Royalty Owners' Association and West Virginia Farm Bureau.

Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Niemeyer joined. Judge Thacker wrote a separate opinion, concurring in part and dissenting in part.


These consolidated cases involve a dispute between Antero Resources Corporation ("Antero") and a group of landowners ("Lessors") over the payment of natural gas royalties under several oil and gas leases. The leases permit Antero to extract and sell natural gas owned by the Lessors in exchange for royalty payments. Antero appeals...

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