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BERENERGY CORP. v. BTU WESTERN RESOURCES

S-17-0040 S-17-0041.

408 P.3d 396 (2018)

2018 WY 2

BERENERGY CORPORATION, Appellant (Plaintiff), v. BTU WESTERN RESOURCES, INC.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC, Appellees (Defendants). BTU Western Resources, Inc.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC, Appellants (Defendants), v. Berenergy Corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 4, 2018.

Attorney(s) appearing for the Case

Representing Berenergy Corporation: Peter C. Forbes of Carver Schwarz McNab Kamper & Forbes, LLC, Denver, Colorado; Darin B. Scheer and Blake A. Klinker of Crowley Fleck PLLP, Cheyenne, Wyoming. Argument by Mr. Forbes.

Representing BTU Western Resources, Inc.; School Creek Coal Resources, LLC; and Peabody Powder River Mining, LLC: Patrick R. Day , P.C.; Thomas L. Sansonetti , P.C.; Matt J. Micheli , P.C.; Jeffrey S. Pope , Holland & Hart LLP, Cheyenne, Wyoming. Argument by Mr. Day.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

[¶ 1] This case involves a dispute between mineral developers in Wyoming's Powder River Basin. Berenergy Corporation produces oil from several sites under three oil and gas leases granted by the United States Department of the Interior, Bureau of Land Management (BLM). The surface area covered by those leases and wells overlaps...

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