Turner v. XTO Energy, Inc., No. 19-2867 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment in favor of XTO on plaintiff's claims of breach of contract and conversion. The court concluded that plaintiff cannot survive summary judgment on his breach of contract or conversion claims because he has not set forth sufficient evidence to allow a factfinder to find that the Turner No. 1 Well has extracted gas from the Viola Formation after 1982. In light of the absence of a genuine dispute of material fact whether the Viola Formation produced after 1982, the court need not reach the question whether plaintiff's claims are time barred under Arkansas law.
Court Description: [Wollman, Author, with Colloton and Shepherd, Circuit Judges] Civil case - Contracts. The district court did not err in granting defendant's motion for summary judgment on plaintiff's breach of contract and conversion claims as plaintiff failed to set forth sufficient evidence to allow a factfinder to find that the gas well in question had extracted gas from a particular geologic formation.
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