Ivy Ellis Mize and Wife, Voncile Mize v. Exxon Corporation

POLITZ, Circuit Judge:

In this diversity suit Ivy Ellis Mize and Voncile Mize seek damages and partial cancellation of an oil, gas and mineral (OGM) lease covering certain properties in Alabama. The Mizes contend that Exxon failed to protect their land against drainage by wells drilled in the area and failed to develop the leased property in a reasonable manner. The district court granted Exxon’s motion for summary judgment and dismissed the Mizes’ complaint. We affirm in part, reverse in part and remand.

A. Background

In February 1973 the Mizes executed an OGM lease in favor of Exxon covering…