Jn Exploration & Production v. Western Gas Resources, Inc., Jn Exploration & Production v. Western Gas Resources, Inc.

HANSEN, Circuit Judge.

Western Gas Resources, Inc. (Western) appeals from-the'district court’s denial of its motion for summary judgment and from the grant of JN Exploration & Production’s (JN) motion for summary judgment. JN cross-appeals, contesting the district court’s denial of JN’s motion for attorneys’ fees and the inclusion of an indemnity clause in the judgment. JN has additionally moved to strike portions of Western’s reply brief. We reverse and remand on Western’s appeal, we deny JN’s motion to strike, and we do not reach JN’s cross-appeal.

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JN owns or leases mineral rights to various…