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DENBURY ONSHORE, LLC v. APMTG HELIUM LLC

S-19-0172.

476 P.3d 1098 (2020)

2020 WY 146

DENBURY ONSHORE, LLC and Denbury Resources Inc. n/k/a Denbury Inc. Appellants (Defendants), v. APMTG HELIUM LLC, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 4, 2020.

Attorney(s) appearing for the Case

Representing Appellant: Darin B. Scheer , James R. Belcher , and Casey R. Terrell of Crowley Fleck PLLP, Casper, Wyoming. Argument by Mr. Scheer.

Representing Appellee: Scott P. Klosterman and Amy M. Iberlin of Williams, Porter, Day, and Neville, P.C., Casper, Wyoming; Jason A. Neville of the Spence Law Firm, LLC, Casper, Wyoming. Argument by Mr. Neville.

Before DAVIS, C.J., and FOX, KAUTZ, GRAY, JJ, and FENN, DJ.

[¶1] Denbury Onshore, LLC (Denbury), a subsidiary of Denbury Resources Inc., agreed to deliver certain amounts of helium to APMTG Helium LLC (APMTG) each year. Denbury failed to deliver the agreed-upon amounts but claimed its nonperformance was excused by two force majeure events—the failure of its contractor to complete...

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