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Type
Opinion
Author
Raymond M. Kethledge
Filed
Jan. 10, 2025
Case
Long Point Energy LLC v. Gulfport Energy Corporation
Case status
Decided

Opening text

The first passage of the document, as extracted by the source provider.

NOT RECOMMENDED FOR PUBLICATION File Name: 25a0007n.06 No. 23-3680 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) LONG POINT ENERGY, LLC, ) Plaintiff / Counter-Defendant – Appellant, ) ) v. ) ON APPEAL FROM THE ) UNITED STATES DISTRICT GULFPORT ENERGY CORPORATION, et al., ) COURT FOR THE SOUTHERN Defendants / Counter-Claimants – Appellees, ) DISTRICT OF OHIO ) MICHAEL A. PERKINS; et al., ) OPINION Defendants / Cross-Claimants / Counter-Claimants – Appellees. ) ) Before: McKEAGUE, KETHLEDGE, and NALBANDIAN, Circuit Judges. KETHLEDGE, Circuit Judge. Long Point Energy, LLC, claims that it holds oil-and-gas rights for two tracts of land that were otherwise conveyed in a single warranty deed in 1948. The district court granted summary judgment to the defendants. We reverse. In 1947, Bertha Freudiger acquired three parcels of land totaling 363 acres in Belmont County, Ohio. At issue in this appeal is the first of those parcels, which comprised 245 acres divided into two tracts of 165 and 80 acres, respectively. The 1947 deed for that first parcel excepted two coal seams (meaning they were not conveyed to Freudiger): namely a “Pittsburg vein of coal” for the 165-acre (first) tract…

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