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BTU WESTERN RESOURCES v. BERENERGY CORP.

S-18-0203, S-18-0204.

442 P.3d 50 (2019)

2019 WY 57

BTU WESTERN RESOURCES, INC.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC, Appellants (Defendants), v. BERENERGY CORPORATION, Appellee (Plaintiff). Berenergy Corporation, Appellant (Plaintiff), v. BTU Western Resources, Inc.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC, Appellees (Defendants).

Supreme Court of Wyoming.

May 28, 2019.

Attorney(s) appearing for the Case

Representing BTU Western Resources, Inc.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC: Patrick R. Day , Thomas L. Sansonetti , Matt J. Micheli , and Jeffrey S. Pope , Holland & Hart LLP, Cheyenne, Wyoming. Argument by Mr. Day.

Representing Berenergy Corporation: Darin B. Scheer and Keith Burron , Crowley Fleck PLLP, Cheyenne, Wyoming; Peter C. Forbes , Carver Schwarz McNab Kamper & Forbes, LLC, Denver, Colorado. Argument by Mr. Forbes.

Before DAVIS, C.J., and FOX, KAUTZ, GRAY, and BURKE (RET.), JJ.

[¶1] This dispute, over priority of rights between mineral developers in Wyoming's Powder River Basin, is before the Court a second time. Berenergy owns rights to both federal and private oil and gas. Peabody holds federal coal leases, and these minerals overlap. Berenergy Corp. v. BTU Western Resources, Inc., 2018 WY...

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