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GUTIERREZ v. DAVIS

No. 78-1501.

618 F.2d 700 (1980)

Edmund F. GUTIERREZ, Mildred J. Gutierrez and Larry G. Gabel, Plaintiffs-Appellants, v. Edward Mike DAVIS, Individually and d/b/a Tiger Oil Company, and Tiger Oil Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 4, 1980.

Attorney(s) appearing for the Case

Charles W. Stubbs, Oklahoma City, Okl., for Plaintiffs-appellants.

R. Dean Rinehart of Rinehart, Rinehart & Rinehart, El Reno, Okl., for defendants-appellees.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

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...

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