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MALLON OIL v. BOWEN/EDWARDS ASSOCIATES

No. 97SC150.

965 P.2d 105 (1998)

MALLON OIL COMPANY, Petitioner, v. BOWEN/EDWARDS ASSOCIATES, INC., a dissolved Colorado corporation; J. Keith Edwards; Michael J. Bowen; Bradford C. Boyce; Bowen Gas Corporation, a Colorado corporation; and Edwards Energy Corporation, a Colorado corporation, Respondents.

Supreme Court of Colorado, En Banc.

September 14, 1998.

Attorney(s) appearing for the Case

Holme Roberts & Owen, LLP, Spencer T. Denison, Martin D. Litt, Denver, Walter H. Sargent, a Professional Corporation, Walter H. Sargent, Colorado Springs, for Petitioner.

Astrella & Rice, P.C., Lance Astrella, T.R. Rice, Denver, for Bowen/Edwards Associates, Inc.; J. Keith Edwards; Michael J. Bowen; Bowen Gas Corporation; and Edwards Energy Corporation.

John F. Head, P.C., John S. Pfeiffer, Denver, for Bradford C. Boyce.

Justice BENDER delivered the Opinion of the Court.

This case requires us to determine whether an employee of the Southern Ute Indian Tribe committed geophysical trespass when he conducted coal bed methane gas tests on the Tribe's property during the term of an oil and gas lease between the Tribe and Mallon Oil Company. We hold that unlawful geophysical trespass did not occur. We also hold that when the employee went to work for a competitor of Mallon, the employee...

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