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BLACK DIAMOND ENERGY v. ENCANA OIL AND GAS

No. S-13-0151.

326 P.3d 904 (2014)

2014 WY 64

BLACK DIAMOND ENERGY, INC., a Delaware Corporation, Appellant (Plaintiff), v. ENCANA OIL AND GAS (USA) INC., a Delaware Corporation, Appellee (Defendant).

Supreme Court of Wyoming.

May 20, 2014.

Attorney(s) appearing for the Case

Representing Appellant: Greg L. Goddard , Goddard, Wages & Vogel, P.C., Buffalo, Wyoming; J. David Jorgenson , Sneed Lang PC, Tulsa, Oklahoma. Argument by Mr. Jorgenson.

Representing Appellee: Darin B. Scheer , Farson, Wyoming; Erin K. Murphy , Bjork Lindley Little PC, Denver, Colorado. Argument by Mr. Scheer.

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

KITE, Chief Justice.

[¶ 1] Black Diamond Energy, Inc. (BDE) brought a breach of contract action against Encana Oil and Gas (USA) Inc. (Encana). Encana counterclaimed. After a trial, the jury found BDE breached the contract but awarded Encana no damages. BDE appeals claiming the district court erred in giving a breach of contract instruction and verdict form that did not fit the facts of this case. BDE also claims the district court erred in excluding its expert...

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