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WHITEMAN v. CHESAPEAKE APPALACHIA, L.L.C.

No. 12-1790.

729 F.3d 381 (2013)

Martin WHITEMAN; Lisa Whiteman, Plaintiffs-Appellants, v. CHESAPEAKE APPALACHIA, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 4, 2013.

Attorney(s) appearing for the Case

ARGUED: Joseph Mark Lovett, Appalachian Mountain Advocates, Lewisburg, West Virginia, for Appellants. Timothy Minor Miller, Robinson & McElwee, PLLC, Charleston, West Virginia, for Appellee. ON BRIEF: Isak J. Howell, Law Office of Isak Howell, Lewisburg, West Virginia, for Appellants. Joseph K. Merical, Robinson & McElwee, PLLC, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Senior Judge FABER wrote the opinion, in which Chief Judge TRAXLER and Judge SHEDD joined.

FABER, Senior District Judge:

The plaintiffs below, Martin and Lisa Whiteman (Whitemans), appeal from a final order of the United States District Court for the Northern District of West Virginia that granted summary judgment to the defendant, Chesapeake Appalachia, L.L.C. (Chesapeake), upon the Whitemans' claim for common law trespass. We find no error in the district court's decision and affirm for the reasons that follow.

I.

A.

The Whitemans...

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