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GRYNBERG v. TOTAL, S.A.

Nos. 06-1328, 06-1355.

538 F.3d 1336 (2008)

Jack J. GRYNBERG; Grynberg Production Corporation, and its successors; Grynberg Petroleum Company, and its successors, Plaintiffs-Appellants, v. TOTAL S.A., Defendant-Appellee. Jack J. Grynberg; Grynberg Production Corporation and its successors; Grynberg Petroleum Company, and its successors, Plaintiffs-Appellants, v. Shell Exploration B.V. and Shell International Exploration and Production B.V. f/k/a Shell International Petroleum Maatschappij B.V., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 26, 2008.

Attorney(s) appearing for the Case

Michael S. Porter, Wheat Ridge, CO, (Roger A. Jatko, Grynberg Petroleum Company, Greenwood Village, CO, with him on the briefs) for Plaintiffs-Appellants Jack J. Grynberg; Grynberg Production Corporation, and its successors; Grynberg Petroleum Company, and its successors.

John P. Bowman (William J. Boyce, Jennifer Lee Price, and Christopher R. Hart, with him on the briefs) of Fulbright & Jaworski L.L.P., Houston, TX, for Defendant-Appellee, TOTAL S.A.

Roger A. Jatko, Grynberg Petroleum Company, Greenwood Village, CO, for Plaintiff-Appellant Jack J. Grynberg; Grynberg Production Corporation and its successors; Grynberg Petroleum Company, and its successors.

Graham Kerin Blair, Baker & McKenzie LLP, Houston, TX (Marcy G. Glenn and John F. Shepherd, Holland & Hart LLP, Denver, CO, and David A. Brakebill and J. Chad Newton, Baker & McKenzie LLP, with him on the briefs), for Defendants-Appellees, Shell Exploration B.V. and Shell International Exploration and Production B.V. f/k/a Shell International Petroleum Maatschappij B.V.

Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

I. INTRODUCTION

Jack Grynberg (Mr. Grynberg), Grynberg Production Corporation, and Grynberg Petroleum Company (collectively, Grynberg) appeal from summary judgments in two separate lawsuits, one against Total S.A. and one against Shell Exploration B.V. and Shell International Exploration and Production B.V. (collectively Shell). Both lawsuits, which were filed in 2003 in the United States District Court for the District of...

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