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TUCKER v. SOUTHWESTERN ENERGY CO.

Nos. 1:11-cv-44-DPM, 1:11-cv-44-DPM

JAMES TUCKER and MINDY TUCKER, Plaintiffs, v. SOUTHWESTERN ENERGY CO.; CHESAPEAKE ENERGY CORP.; and BHP BILLITON PETROLEUM (FAYETTEVILLE) LLC, Defendants. PHILLIP BERRY and PEGGY BERRY, Plaintiffs, v. SOUTHWESTERN ENERGY CO.; CHESAPEAKE ENERGY CORP.; and BHP BILLITON PETROLEUM (FAYETTEVILLE) LLC, Defendants.

United States District Court, E.D. Arkansas, Northern Division.

April 6, 2012.

Attorney(s) appearing for the Case

James Tucker, Plaintiff, represented by John R. Holton , Deal Cooper Holton PLLC, Michael P. McGartland , McGartland & Borchardt, LLP, Paul Berry Cooper, III , Deal Cooper Holton PLLC & Timothy R. Holton , Deal Cooper Holton PLLC.

Mindy Tucker, Plaintiff, represented by John R. Holton , Deal Cooper Holton PLLC, Michael P. McGartland , McGartland & Borchardt, LLP, Paul Berry Cooper, III , Deal Cooper Holton PLLC & Timothy R. Holton , Deal Cooper Holton PLLC.

Ronald Hollars, Plaintiff, represented by John R. Holton , Deal Cooper Holton PLLC, Michael P. McGartland , McGartland & Borchardt, LLP, Paul Berry Cooper, III , Deal Cooper Holton PLLC & Timothy R. Holton , Deal Cooper Holton PLLC.

Frances Ann Hollars, Plaintiff, represented by John R. Holton , Deal Cooper Holton PLLC, Michael P. McGartland , McGartland & Borchardt, LLP, Paul Berry Cooper, III , Deal Cooper Holton PLLC & Timothy R. Holton , Deal Cooper Holton PLLC.

Phillip Berry, Consol Plaintiff, represented by John R. Holton , Deal Cooper Holton PLLC, Michael P. McGartland , McGartland & Borchardt, LLP, Paul Berry Cooper, III , Deal Cooper Holton PLLC & Timothy R. Holton , Deal Cooper Holton PLLC.

Peggy Berry, Consol Plaintiff, represented by John R. Holton , Deal Cooper Holton PLLC, Michael P. McGartland , McGartland & Borchardt, LLP, Paul Berry Cooper, III , Deal Cooper Holton PLLC & Timothy R. Holton , Deal Cooper Holton PLLC.

Southwestern Energy Company, Defendant, represented by G. Alan Perkins , Perkins & Trotter, PLLC, Craig L. Stahl , Andrews Kurth LLP - The Woodlands, James D. Rankin, III , Perkins & Trotter, PLLC, Michael D. Morfey , Andrews Kurth LLP - Houston, Paul M. Bohannon , Andrews Kurth LLP - The Woodlands & R. Scott Morgan , Perkins & Trotter, PLLC.

Chesapeake Energy Corporation, Defendant, represented by Jeffrey L. Spillyards , Mitchell, Williams, Selig, Gates & Woodyard, PLLC - LR, Lyn Peeples Pruitt , Mitchell, Williams, Selig, Gates & Woodyard, PLLC - LR, Anton Leo Janik, Jr. , Mitchell Williams Law Firm - LR & Michelle P. Cullen , Chesapeake Energy Corporation.

BHP Billiton Petroleum (Fayetteville) LLC, Defendant, represented by David D. Wilson , Friday, Eldredge & Clark, LLP - Little Rock.

ORDER

D.P. MARSHALL, Jr., District Judge.

I appreciate the parties' submissions on the recusal issues. I know this was extra and unexpected work; but the additional legal analysis and the new facts were helpful. After further consideration of the issues in light of the parties' submissions, my conclusion is that I am not disqualified from sitting and there is no good reason that I should recuse. 28 U.s.C. § 455(a) and (b)(4). I will therefore continue...

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