Unanimous 10th Circuit Panel Affirms Defense Judgment For Disposal Well Company

Unanimous 10th Circuit Panel Affirms Defense Judgment For Disposal Well Company

DENVER - A unanimous 10th Circuit U.S. Court of Appeals panel affirmed summary judgment Oct. 30 for a saltwater disposal well company accused of causing subsidence of land by improperly operating and plugging the well; the trespass cause of action alleged by the plaintiffs is time-barred and is not assignable as a matter of Kansas law, according to the panel (Kristopher Joseph Kowalsky, et uxor v. S&J Operating Co., No. 12-3150 $(consolidated$), 10th Cir.; 2013 U.S. App. LEXIS 22108).

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