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CARL v. HILCORP ENERGY COMPANY

No. 22-20226.

91 F.4th 311 (2024)

Anne CARL, AS CO-TRUSTEE OF the CARL/WHITE TRUST, on behalf of itself and a class of similarly situated persons; Anderson White, as Co-Trustee of the Carl/White Trust, on behalf of itself and a class of similarly situated persons, Plaintiffs-Appellants, v. HILCORP ENERGY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED January 12, 2024.

Attorney(s) appearing for the Case

Rex A. Sharp (argued), Hammons P. Hepner , Ryan Hudson , Greg Wright , Sharp Law, L.L.P., Prairie Village, KS, Heather Gebelin Hacker , Hacker Stephens, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Stephen Burton Crain, Esq. , Jeffrey L. Oldham (argued), Bracewell, L.L.P., Houston, TX, Andrew William Zeve , White & Case, L.L.P., Houston, TX, for Defendant-Appellee.

Before Dennis, Elrod, and Ho, Circuit Judges.

In this mineral royalty dispute, the lessors appeal the district court's dismissal of their claim that the lessee must pay royalties on gas used off-lease for post-production services like transport and processing. Because we cannot confidently make an Erie guess on this issue that is likely to recur, we...

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