Legal Opinion

BTU Western Resources, Inc. v. Berenergy Corp.

District Court, D. Wyoming

Decided July 15, 2014No. Case No. 2:13-CV-00098-ABJPublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF FEDERAL QUESTION JURISDICTION

ALAN B. JOHNSON, District Judge.

This case arises from the dispute between plaintiff federal coal lessees and defendant federal oil and gas lessees. Plain*1348tiffs instituted this action seeking an order allowing them to mine through defendants’ oil and gas wellbores. Defendants filed the instant motions to dismiss for lack of federal question jurisdiction arguing that the Mineral Leasing Action of 1920 does not completely preempt state law and does not address the resolution of multiple mineral…

2Cases cited24 opinions

Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
United States v. CottonSupreme Court of the United States · 2002
Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005

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3Cited by1 opinion

Btu W. Res., Inc. v. Berenergy Corp.Wyoming Supreme Court · 2019