Legal Opinion

Edmund F. Gutierrez, Mildred J. Gutierrez and Larry G. Gabel v. Edward Mike Davis, Individually and D/B/A Tiger Oil Company, and Tiger Oil Company

Court of Appeals for the Tenth Circuit

Decided April 4, 1980No. 78-1501PublishedCited by 4 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

This is a diversity suit by Edmund F. Gutierrez and Mildred J. Gutierrez, fee owners and lessors, and Larry G. Gabel, tenant, against Edward Mike Davis d/b/a Tiger Oil Company, oil and gas lessee. The suit is for conversion of casing left in an abandoned well on the Gutierrezes’ land from a prior oil well drilled by another lessee. 1 The district court awarded summary judgment in favor of Davis, ruling that use of the casing was within his rights under the lease, and that plaintiffs were estopped from seeking additional payment for this use because they had failed to…

2Cases cited5 opinions

  1. Davidson v. First Bank & Trust Co., YaleSupreme Court of Oklahoma · 1976
  2. Benton v. OrtenbergerSupreme Court of Oklahoma · 1962
  3. Garr-Woolley v. MartinCourt of Civil Appeals of Oklahoma · 1978
  4. Etchen v. FergusonSupreme Court of Oklahoma · 1916
  5. Luttrell v. Parker Drilling CompanySupreme Court of Oklahoma · 1959

3Cited by4 opinions

  1. Sgro v. Getty Petroleum Corp.District Court, D. New Jersey · 1994
  2. Waterford Energy, Inc. v. Oklahoma Tax CommissionCourt of Civil Appeals of Oklahoma · 1992
  3. In Re Tri-State Fabricators, Inc.United States Bankruptcy Court, W.D. Oklahoma · 1983
  4. O'Brien Oil, L.L.C. v. NormanCourt of Civil Appeals of Oklahoma · 2010

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