POCAHONTAS MINING LIMITED LIABILITY COMPANY
v.
CNX GAS COMPANY, LLC
GeoMet Operating Company, Inc.
v.
CNX Gas Company, LLC
Supreme Court of Virginia.https://leagle.com/images/logo.png
September 12, 2008.
September 12, 2008.
Attorney(s) appearing for the Case
Donald R. Johnson, Roanoke, for appellant, Pocahontas Mining Limited Liability Co.
Gregory S. Coleman (Edward C. Dawson; R. Paul Yetter, Houston, TX; J. Scott Sexton; Monica Taylor Monday; James J. O'Keeffe, IV, Roanoke; S.T. Mullins, Atlanta, GA; Benjamin A. Street, Grundy; Yetter, Warden & Coleman; Gentry Locke Rakes & Moore; Street Law Firm, on briefs), for appellant GeoMet Operating Co., Inc.
Jonathan T. Blank (James F. Neale; Meghan M. Cloud, Charlottesville; E. Duncan Getchell, Jr., Richmond; William H. Baxter, II; Erin M. Sine, Richmond; David G. Alitzer; McGuire Woods; Alitzer, Walk and White, on brief), for appellee.
Amici Curiae: CDX Gas, LLC; Classic Oil & Gas Resources, Inc.; Plum Creek Timber Co., Inc.; LBR Holdings, LLC (Bruce M. Kramer, Houston, TX; Bryan Thomas Camp; A. George Mason, on brief), in support of appellants.
PRESENT: HASSELL, C.J., KEENAN, KOONTZ, LEMONS, GOODWYN, JJ., and CARRICO and RUSSELL, S.JJ.
Supreme Court of Virginia.
OPINION BY Justice BARBARA MILANO KEENAN.
In this appeal, we consider whether the provisions in a lease granting to a lessee exclusive rights in coalseam gas on the lessor's property also granted to the lessee the exclusive right to construct and maintain pipelines and structures to transport any gas over the lessor's property.
Pocahontas Mining Limited Liability Company (Pocahontas) is the owner of a tract of land...
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