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CIMARRON OIL CORP. v. HOWARD ENERGY CORP.

No. 26A01-0902-CV-67.

909 N.E.2d 1115 (2009)

CIMARRON OIL CORP., an Illinois Corporation, Appellant, v. HOWARD ENERGY CORP., an Illinois Corporation, Appellee.

Court of Appeals of Indiana.

July 24, 2009.

Attorney(s) appearing for the Case

J. Robert Kinkle, Hall, Partenheimer & Kinkle, Princeton, IN, Attorney for Appellant.

John E. Rhine, Rhine Ernest LLP, Evansville, IN, Attorney for Appellee.

Charles A. Compton, Jean M. Blanton, Ziemer, Stayman, Weitzel & Houlders, LLP, Evansville, IN, Attorneys for Amici Curiae, Indiana Coal Council, Inc.

Barry A. Macey, Macey, Swanson and Allman, Indianapolis, IN, Attorney for Amici Curiae, United Mine Workers of America and its District 12.

OPINION

BAILEY, Judge.

Case Summary

Cimarron Oil Corp. ("Cimarron Oil") appeals the entry of a judgment, pursuant to the Indiana Uniform Declaratory Judgment Act, Ind.Code § 34-14-1-1, et seq., decreeing that lessee Howard Energy Corp. ("Howard Energy"), as opposed to lessee Cimarron Oil, possesses the exclusive right to recover all coal bed methane gas ("CBM") from coal seams underlying the real property of Gletus and Ernestine Hardiman...

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