Northern Natural Gas Co. v. Nash Oil & Gas, Inc.

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PUBLISH

Before HENRY, Chief Circuit Judge, TACHA, and O’BRIEN, Circuit Judges.

Plaintiff-Appellant Northern Natural Gas Company (“Northern”) is a natural gas company that operates an underground gas storage field known as the Cunningham storage field in south-central Kansas. Defendant-Appellee Nash Oil & Gas, Inc. (“Nash”) owns and operates natural gas wells, some of which are located approximately four miles north of the Cunningham storage field. Based on Northern’s belief that its “storage gas” has migrated to Nash’s gas wells and Nash is producing that gas, Northern commenced this action, asserting common-law claims of conversion and unjust enrichment and a statutory claim under Kan. Stat. Ann. § 55-1210. The district court granted summary judgment in favor of Nash on the common-law claims, holding they were barred by the statute of limitations or, in the alternative, collateral estoppel. The court dismissed the statutory claim under Fed. R. Civ. P. 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291, and we AFFIRM.

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Northern Natural Gas Co. v. Nash Oil & Gas, Inc.

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