Tag: Implied Rights
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10th Circuit Court of Appeals Rules Against Surface Owner in Trespass Case; Awards Attorneys Fees to Defendant
Yesterday, the 10th Circuit Court of Appeals affirmed a district’s court’s decision denying Plaintiffs’ complaint for trespass caused by Defendant’s seismic exploration in Kimzey v. Flamingo, 2012 U.S. App. Lexis 21360. In Kimzey, the Plaintiffs owned surface only interests in Roger Mills County, Oklahoma. The Defendant, Flamingo, was an exploration company that was hired to engage in geophysical…