SOUTHWESTERN ENERGY PROD. CO. v. FOREST RES.

No. 151 MDA 2013, No. 152 MDA 2013

83 A.3d 177 (2013)

2013 PA Super 307

SOUTHWESTERN ENERGY PRODUCTION COMPANY v. FOREST RESOURCES, LLC, Kocjancic Family Limited Partnership, Harold H. Wolfinger, Jr., Ultra Resources, Inc., Jackson Corners Sportsmen, Inc., Northern Forests II, Inc., Wevco Production, Inc., and Anadarko Petroleum Corporation, LP a/k/a Anadarko Petroleum Corporation. International Development Corporation and Trustees of the Thomas E. Proctor Heirs Trust Dated October 28, 1980. Trustees of the Thomas E. Proctor Heirs Trust, v. Forest Resources, LLC, Kocjancic Family Limited Partnership, Harold H. Wolfinger, Jr., Ultra Resources, Inc., Jackson Corners Sportsmen, Inc., Northern Forests II, Inc., and International Development Corporation. Trustees of the Thomas E. Proctor Heirs Trust, v. Southwestern Energy Production Company and Lancaster Exploration & Development Co., LLC v. Trustees of the Margaret O.F. Proctor Trust. Appeal of Trustees of the Margaret O.F. Proctor Trust. Southwestern Energy Production Company v. Forest Resources, LLC, Kocjancic Family Limited Partnership, Harold H. Wolfinger, Jr., Ultra Resources, Inc., Jackson Corners Sportsmen, Inc., Northern Forests II, Inc., Wevco Production, Inc., and Anadarko Petroleum Corporation, LP a/k/a Anadarko Petroleum Corporation. International Development Corporation and Trustees of the Thomas E. Proctor Heirs Trust Dated October 28, 1980. Trustees of the Thomas E. Proctor Heirs Trust, v. Forest Resources, LLC, Kocjancic Family Limited Partnership, Harold H. Wolfinger, Jr., Ultra Resources, Inc., Jackson Corners Sportsmen, Inc., Northern Forests II, Inc., and International Development Corporation. Trustees of the Thomas E. Proctor Heirs Trust, v. Southwestern Energy Production Company and Lancaster Exploration & Development Co., LLC v. Trustees of the Margaret O.F. Proctor Trust. Appeal of Trustees of the Thomas E. Proctor Heirs Trust.

Superior Court of Pennsylvania.

Filed November 27, 2013.

Reargument Denied February 4, 2014.


Attorney(s) appearing for the Case

Paul K. Stockman, Pittsburgh , for Trustees of the Margaret O.F. Proctor Trust, appellant.

Justin G. Weber , Harrisburg, for Trustees of the Thomas E. Proctor Heirs Trust, appellant.

Ronald L. Hicks, Jr. , Pittsburgh, for Lancaster Exploration, appellee.

Jeffrey J. Malak , Wilkes Barre, for Southwestern Energy, appellee.

BEFORE: GANTMAN, J., ALLEN, J., and MUNDY, J.


OPINION BY MUNDY, J.:

Appellants, the Trustees of the Thomas E. Proctor Heirs Trust (PHT) and the Margaret O.F. Proctor Trust (MPT), appeal from the orders entered on December 19, 2012, granting Appellee Lancaster Exploration & Development Co., LLC's (Lancaster) motion for judgment on the pleadings and sustaining Southwestern Energy Production Company's (Southwestern) and Lancaster's respective preliminary objections.1 These orders...

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