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BLUEGRASS MATERIALS COMPANY, LLC,
Plaintiff - Appellant,
v.
FRANK W. FREEMAN; JAMES M. FREEMAN; LAURA A. SCHOONOVER, fka Laura A. Freeman; BLACK GOLD OIL CO., dba C&L Exploration Co.; C&L FARMS, a partnership,
Defendants - Appellees.
   No. 22-5091
Appeal from the United States District Court
for the Western District of Kentucky at Bowling Green.
No. 1:18-cv-00177—Gregory N. Stivers, District Judge.
Argued: October 27, 2022
Decided and Filed: November 23, 2022
Before: COLE, CLAY, and MATHIS, Circuit Judges.


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OPINION
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MATHIS, Circuit Judge. Bluegrass Materials Company, LLC (“Bluegrass”) owns property that is subject to an oil and gas lease. Believing that lessees, James M. Freeman, Frank W. Freeman, and Laura A. Schoonover (collectively, the “Freemans”), were producing an insufficient quantity of oil to justify maintaining the lease, Bluegrass purported to terminate the lease and initiated this action seeking a declaration that the lease had terminated by its own terms, as well as asserting a number of other related claims. The district court found that Bluegrass’s termination of the lease was improper and granted summary judgment to the Freemans and Black Gold Oil Co. d/b/a C&L Farms and C&L Farms (collectively, “Black Gold”).1 Bluegrass appeals the district court’s order granting summary judgment to the Freemans and Black Gold, denying Bluegrass’s motion for summary judgment, and denying Bluegrass’s motion to exclude the opinions of the Freemans’ proposed expert witness, Ms. Karen J. Greenwell (“Ms. Greenwell”), as moot. Because there is a factual dispute regarding whether the lease terminated by its own terms, we REVERSE the district court’s order granting the Freemans’ and Black Gold’s motion for summary judgment, AFFIRM the denial of Bluegrass’s motion for summary judgment, VACATE the denial of Bluegrass’s motion to exclude the opinions of Ms. Greenwell as moot, and REMAND to the district court for further consideration.



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Appeal from the United States District Court for the Eastern District of Kentucky at London.
No. 6:19-cr-00029-1—Robert E. Wier, District Judge.
Argued: June 23, 2021
Decided and Filed: November 23, 2022
Before: ROGERS, WHITE, and MURPHY, Circuit Judges.
   No. 20-5521
Appeal from the United States District Court for the Eastern District of Kentucky at London.
No. 6:19-cr-00029-1—Robert E. Wier, District Judge.
Argued: June 23, 2021
Decided and Filed: November 23, 2022
Before: ROGERS, WHITE, and MURPHY, Circuit Judges.


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AMENDED OPINION
_________________________

HELENE N. WHITE, Circuit Judge. Defendant Timmy Fields appeals his twenty-five-year mandatory-minimum sentence enhancement imposed for his having committed two prior “serious drug felon[ies].” Fields challenges the procedure used to impose his enhancement and argues as well that neither prior conviction was for a “serious drug felony.” Most of Field’s challenges lack merit, but we agree that one of the predicate prior convictions was not for a “serious drug felony.” Accordingly, we AFFIRM in part, REVERSE in part, and REMAND for resentencing.