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ANTELOPE CO. v. MOBIL ROCKY MOUNTAIN, INC.

No. 99CA2366.

51 P.3d 995 (2001)

ANTELOPE COMPANY, a Colorado limited partnership; the Anschutz Family Foundation, a Colorado nonprofit corporation; and Piedmont Minerals Company, a Colorado general partnership, Plaintiffs-Appellants and Cross-Appellees, v. MOBIL ROCKY MOUNTAIN, INC., a Delaware corporation, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals. Div. V.

As Modified on Denial of Rehearing December 20, 2001.

Certiorari Denied July 22, 2002.

Attorney(s) appearing for the Case

Rothgerber Johnson & Lyons, LLP, Frederick J. Baumann, Thomas M. Rogers, III, Denver, CO, for Plaintiffs-Appellants and Cross-Appellees.

Bjork, Lindley, Danielson & Baker, Peter A. Bjork, David R. Little, John P. Baker, Denver, CO, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge ROTHENBERG.

Plaintiffs, Antelope Company, the Anschutz Family Foundation, and Piedmont Minerals Company (the royalty owners), appeal the trial court's entry of summary judgment. Defendant, Mobil Rocky Mountain, Inc. (Mobil), cross-appeals an order denying it the defense of collateral estoppel. We reverse and remand for further proceedings.

I. Background

This case is the latest in a series of lawsuits concerning the payment of royalties...

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