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BECK v. NORTHERN NATURAL GAS CO.

Nos. 97-3352, 97-3367.

170 F.3d 1018 (1999)

Clarence BECK, Trustee of the Clarence J. Beck Revocable Trust; James L. Prentice, Trustee of the CRJ Farm Trust; Darold D. Yates; Carol Lee Yates; Harold W. Nossaman; Mary Lou Nossaman; Mark A. Yates; Steven B. Yates; Gary S. Nossaman; Debra Nossaman; Andrew Oil & Gas Partnership; Harold Berends; Mark Betzen; Gwendolyn A. Betzen; John Chitwood; Dean Dyche; Dean Fitzsimmons; Gary Fitzsimmons; Dallas Glenn; Kenneth Glenn; Lester Goyen; Lloyd McClellen; Edith Gillen; Donald Smith; John Fitzsimmons; Marietta Gilmore; Sherry Freund; William Joseph Freund; Robert H. Withers; J. Layle Woodard; Georgia Lee Woodard, Plaintiffs-Appellees/Cross-Appellants, v. NORTHERN NATURAL GAS COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

March 19, 1999.

Attorney(s) appearing for the Case

Jeff Kennedy (Ann T. Rider and Kathryn Gardner with him on the briefs), Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, Kansas, for Defendant-Appellant/Cross-Appellee.

Lee Thompson (John V. Black and Thomas V. Black, Black's Law Office, P.A., Pratt, Kansas, with him on the briefs), Triplett, Woolf & Garretson, L.L.C., Wichita, Kansas, for Plaintiffs-Appellees/Cross-Appellants.

Before KELLY, McKAY, and LUCERO, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

In this diversity action, Defendant-Appellant Northern Natural Gas Company ("Northern") appeals from a jury verdict and an award of attorney fees and costs in favor of Plaintiffs-Appellees, numerous landowners ("landowners") in Pratt and Kingman counties, Kansas. The landowners cross-appeal the district court's decision to limit their recovery to fair rental value of their subsurface property...

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