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PENNACO ENERGY, INC. v. KD CO. LLC

Nos. S-15-0019, S-15-0020.

363 P.3d 18 (2015)

2015 WY 152

PENNACO ENERGY, INC., Appellant (Defendant), v. KD COMPANY LLC, a Wyoming close limited liability company, Appellee (Plaintiff). Pennaco Energy, Inc., Appellant (Defendant), v. First Northern Bank of Wyoming, Buffalo, Wyoming, as Trustee of the Credit Shelter Trust Established on January 16, 2005, under the Leo M. Hollcroft Revocable Trust, Dated April 12, 2002; and First Northern Bank of Wyoming, Buffalo, Wyoming, as Trustee of the Claire B. Hollcroft Revocable Trust, Dated April 12, 2001, Appellees (Plaintiffs).

Supreme Court of Wyoming.

December 2, 2015.

Attorney(s) appearing for the Case

Representing Appellant: Marie R. Yeates and Michael A. Heidler of Vinson & Elkins, L.L.P., Houston, Texas; Mark R. Ruppert and Isaac N. Sutphin of Holland & Hart, LLP, Cheyenne, Wyoming. Argument by Ms. Yeates.

Representing Appellees: Kendal R. Hoopes of Yonkee & Toner, LLP, Sheridan, Wyoming.

Representing Petroleum Association of Wyoming, Amicus Curiae in Support of Pennaco Energy Inc.: Thomas F. Reese , Ryan J. Schwartz , William E. Reese , and Kyle A. Ridgeway of Williams, Porter, Day & Neville, P.C., Casper, Wyoming.

Representing Texas Oil & Gas Association, Amicus Curiae in Support of Pennaco Energy Inc.: Timothy M. Stubson of Crowley Fleck PLLP, Casper, Wyoming.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

[¶ 1] Pennaco Energy, Inc. (Pennaco) obtained oil and gas leases in northeastern Wyoming. Pennaco then made contracts with the surface landowners, who were predecessors of Appellees. These agreements granted Pennaco access to and use of the landowners' land during exploration and production under the mineral leases. In the agreements...

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