Hs Resources, Inc., Plaintiff-Appellant-Cross-Appellee v. Jim R. Wingate, Defendant-Appellee-Cross-Appellant

DENNIS, Circuit Judge.

This declaratory judgment action concerns a dispute over royalty payments on a highly profitable natural gas well located on property owned by Jim Wingate and subleased to HS Resources, Inc. (“HSR”). 1 Following a hearing on opposing disposi-tive motions, the district court entered final judgment. It denied Wingate’s motion to dismiss and granted HSR’s motion for partial summary judgment, declaring that HSR could pool Wingate’s leased land with neighboring acreage and pay Wingate royalties on a pooled basis. Acting sua sponte, the court also held that HSR’s past payments…