United States Tenth Circuit

In an action for, inter alia, common law conversion and unjust enrichment arising out of alleged migration of plaintiff's stored gas to defendant's gas wells, summary judgment for defendant is affirmed where: 1) the unjust enrichment and conversion claims were time barred the statute of limitations; 2) the Kansas Supreme Court would not recognize the continuing-tort exception to the statute of limitations for those claims; 3) a state law merely abolishes the rule of capture and does not set up an independent cause of action; and 4) an injector may conduct tests only on wells of adjoining property owners.

Appellate Information

• Decided 05/19/2008
• Published 05/19/2008

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alan L. Rupe (Richard A. Olmstead, with him on the briefs), Kutak Rock LLP, Wichita, KS, appearing for Appellant.


• For Appellees:
  
• Jeffrey L. Carmichael, Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, appearing for Appellee.