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R. OLSEN OIL CO. v. FIDLER

Nos. 4467, 4468.

199 F.2d 868 (1952)

R. OLSEN OIL CO. v. FIDLER. FIDLER v. R. OLSEN OIL CO.

United States Court of Appeals Tenth Circuit.

October 29, 1952.

Attorney(s) appearing for the Case

T. Murray Robinson, Oklahoma City, Okl. (C. E. Barnes, Oklahoma City, Okl., W. E. Bondurant, Jr. and Hervey, Dow & Hinkle, Roswell, N. M., were with him on the brief), for appellant.

Irwin S. Moise and Lewis R. Sutin, albuquerque, N. M., for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

H. D. Fidler brought this action against R. Olsen Oil Company herein called Olsen, to recover damages caused by Olsen's failure to drill an oil and gas well to the contract depth. By the terms of the contract, Fidler assigned oil and gas leases to a block of 6,000 acres in Torrance County, New Mexico, to Olsen, in consideration of which Olsen agreed to drill an oil and gas well thereon to a depth of 6,000 feet, unless oil and gas were found...

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