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BERTHEL LAND & LIVESTOCK v. ROCKIES EXP.

Nos. S-10-0227, S-10-0228.

275 P.3d 423 (2012)

2012 WY 52

BERTHEL LAND AND LIVESTOCK, a Wyoming Limited Partnership, Appellant (Plaintiff), v. ROCKIES EXPRESS PIPELINE LLC fka Entrega Gas Pipeline LLC, and Kinder Morgan NatGas Operator LLC, both organized under the law of Delaware, Appellees (Defendants). Rockies Express Pipeline LLC fka Entrega Gas Pipeline LLC, and Kinder Morgan NatGas Operator LLC, both organized under the laws of Delaware, Appellants (Defendants), v. Berthel Land and Livestock, a Wyoming Limited Partnership, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 10, 2012.

Attorney(s) appearing for the Case

Representing Berthel Land and Livestock: Bill G. Hibbler of Bill G. Hibbler, P.C., Cheyenne, Wyoming.

Representing Rockies Express Pipeline LLC fka Entrega Gas Pipeline LLC, and Kinder Morgan NatGas Operator LLC: David G. Ditto , of Associated Legal Group, Cheyenne, Wyoming.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

GOLDEN, Justice.

[¶ 1] Berthel Land and Livestock (Berthel) entered into a Pipeline Easement Agreement (Agreement) with Rockies Express Pipeline (Rockies Express). After completion of the pipeline, Berthel filed an action against Rockies Express asserting claims for breach of contract and fraudulent inducement. The breach of contract claims alleged a failure to remove rock from the property and a failure to provide required as-built drawings of the completed...

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