SPRING CREEK EXPL. & PROD. v. HESS BAKKEN INV.

No. 17-1010.

887 F.3d 1003 (2018)

SPRING CREEK EXPLORATION & PRODUCTION COMPANY, LLC; Gold Coast Energy, LLC, Plaintiffs-Appellants, v. HESS BAKKEN INVESTMENT, II, LLC, f/k/a TRZ Energy, LLC; Statoil Oil & Gas, LP, f/k/a Brigham Oil & Gas, LP, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Opinion Revised April 13, 2018 Nunc Pro Tunc to April 10, 2018.


Attorney(s) appearing for the Case

Tamir I. Goldstein ( John W. Mill and Joseph C. Daniels with him on the briefs), Sherman & Howard L.L.C., Denver, Colorado, for Plaintiffs-Appellants.

Cameron P. Pope , Andrews Kurth Kenyon LLP, Houston, Texas ( Alexis J. Gómez , Andrews Kurth Kenyon LLP, Houston, Texas; Craig L. Stahl , Andrews Kurth Kenyon LLP, The Woodlands, Texas; and Frank C. Porada , Berenbaum Weinshienk PC, Denver, Colorado, with him on the briefs), for Defendant-Appellee Statoil Oil & Gas LP.

Robert S. Safi , Susman Godfrey L.L.P., Houston, Texas ( Ashley L. McMillian and Abigail C. Noebels , Susman Godfrey L.L.P., Houston, Texas, and Elizabeth J. Hyatt , Ogborn Mihm, L.L.P., Denver, Colorado, with him on the briefs), for Defendant-Appellee Hess Bakken Investments II, LLC.

Before LUCERO, McKAY, and McHUGH, Circuit Judges.


ORDER

This matter is before us on Plaintiffs-Appellants' Petition for Panel Rehearing ("Petition") and Defendants-Appellees' responses thereto. Upon careful consideration of the Petition and the responses, we grant the Petition in part to the extent of the modifications in the attached revised opinion. Our February 21, 2018 opinion is withdrawn and replaced by the attached revised opinion.

Plaintiffs Spring Creek Exploration & Production Company...

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