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BAY v. ANADARKO E&P ONSHORE LLC

No. 21-1361.

73 F.4th 1207 (2023)

Marvin BAY; Mildred Bay, Co-Trustees of the Bay Family Trust, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, and Vernon Jesser; Mary Jesser; Kent J. McDaniel; Deanna R. McDaniel, Plaintiffs, v. ANADARKO E&P ONSHORE LLC; Anadarko Land Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED July 18, 2023.

Attorney(s) appearing for the Case

George A. Barton , Barton and Burrows, LLC, Mission, Kansas ( Stacy A. Burrows of Barton and Burrows, LLC, Mission, Kansas; Lance F. Astrella of Astrella Law P.C., Denver, Colorado; and Donald M. Ostrander of Hamre, Rodriguez, Ostrander & Dingess, Denver, Colorado, with him on the briefs), for Plaintiffs-Appellants.

Jeffrey M. Lippa ( Ezekiel J. Williams , Carlos R. Romo , John H. Bernetich , Spencer R. Allen and Jacqueline F. Hyatt with him on the brief), Williams Weese Pepple & Ferguson PC, Denver, Colorado, for Defendants-Appellees.

Before HOLMES, Chief Judge, MATHESON, and ROSSMAN, Circuit Judges.

Marvin and Mildred Bay ("the Bays") challenge the United States District Court for the District of Colorado's order dismissing their trespass claim against Anadarko E&P Onshore LLC and Anadarko Land Corporation (collectively, "Anadarko"). Anadarko, an oil and gas company, owns the mineral rights under the Bays' farm. The...

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