ATMOS ENERGY CORPORATION v. HONEYCUTT

Nos. 2011-CA-000601-MR, 2011-CA-000783-MR

ATMOS ENERGY CORPORATION; ATMOS ENERGY MARKETING, LLC; and ATMOS GATHERING COMPANY, LLC, APPELLANTS, v. BILLY JOE HONEYCUTT; TAMMIE HONEYCUTT; JAMES T. BEWLEY; NORMA BEWLEY; JACKIE McCOMBS; PATRICIA McCOMBS; ROYCE HOUCHIN; EDWARD G. PARSLEY; ORAOLA PARSLEY; DEBORA PARSLEY; DELORES JONES and RICHARD D. JONES, SR., as Executors of the ESTATE OF MOLLIE KERSEY, deceased; PARK CITY GAS, LLC; RHONDA W. EHRICH and JIM BROWN, Co-Executors of the ESTATE OF ROBERT E. THORPE, JR.; STRIDER LLC, DT AND ASSOCIATES, INC. (a/k/a TD AND ASSOCIATES, INC.); ELI SAKHAI; AUSTRALIAN-CANADIAN OIL ROYALTIES LTD.; SMITH ENERGY #1, LLC; RP ENERGY #1, LLC; and EC VENTURES, LLC, APPELLEES. BILLY JOE HONEYCUTT; TAMMIE HONEYCUTT; JAMES T. BEWLEY; NORMA BEWLEY; JACKIE McCOMBS; PATRICIA McCOMBS; ROYCE HOUCHIN; EDWARD G. PARSLEY; ORAOLA PARSLEY; DEBORA PARSLEY; DELORES JONES and RICHARD D. JONES, SR., as Executors of the ESTATE OF MOLLIE KERSEY, deceased, CROSS-APPELLANTS. v. ATMOS ENERGY CORPORATION; ATMOS ENERGY MARKETING, LLC; and ATMOS GATHERING COMPANY, LLC, CROSS-APPELLEES.

Court of Appeals of Kentucky.

Rendered: January 25, 2013.


Attorney(s) appearing for the Case

Charles E. English , Charles E. English, Jr. , E. Kenly Ames , Bowling Green, Kentucky, BRIEF FOR APPELLANTS/CROSS-APPELLEES.

Charles E. English , Bowling Green, Kentucky, ORAL ARGUMENT FOR APPELLANTS/CROSS-APPELLEES.

A.V. Conway, II , Hartford, Kentucky, BRIEF AND ORAL ARGUMENT FOR LANDOWNER APPELLEES.

Chadwick N. Gardner , Louisville, Kentucky, BRIEF AND ORAL ARGUMENT FOR THORPE PARTY APPELLEES.

BEFORE: ACREE, CHIEF JUDGE; DIXON AND MOORE, JUDGES.


NOT TO BE PUBLISHED

OPINION

MOORE, Judge.

These two consolidated appeals from Edmonson Circuit Court involve a plaintiff's judgment awarding damages for fraud, conversion, negligence, interference with contract, and "excessive post-production fees" relating to several oil and gas leases and the production and sale of natural gas from several properties in Edmonson County (e.g., the "Park City project"). The appellants and cross-appellees...

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