Opinion
NO. 2015-0121
09-02-2015
MOTION AND PROCEDURAL RULING
This cause is pending before the court as an appeal from the Court of Appeals for Belmont County.
Upon consideration of the motion of appellees XTO Energy, Inc., and Phillips Exploration, Inc., for an order deeming Proposition of Law No. III to be moot and subject to dismissal under S.Ct.Prac.R. 7.10 and for dismissal of XTO Energy and Phillips Exploration as parties to the appeal, it is ordered by the court that the motion is denied.
O'CONNOR, C.J., and O'DONNELL, J., dissent.