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CREWS OIL COMPANY v. SUPERIOR OIL COMPANY

No. 7245.

319 F.2d 532 (1963)

CREWS OIL COMPANY, an Oklahoma corporation, Appellant, v. The SUPERIOR OIL COMPANY, a California corporation, Ambassador Oil Corporation, a Delaware corporation, Apache Corporation, a Delaware corporation, Appellees.

United States Court of Appeals Tenth Circuit.

August 7, 1963.

Attorney(s) appearing for the Case

F. Paul Thieman, Jr., Tulsa, Okl., for appellant.

Franklin D. Hettinger, Tulsa, Okl. (Fenelon Boesche, R.B. McDermott and T. Hillas Eskridge, Tulsa, Okl., with him on brief), for appellee, Apache Corp.

C. Harold Thweatt, Oklahoma City, Okl. (Richard W. Fowler, Oklahoma City, Okl., with him on brief), for appellees, The Superior Oil Co. and Ambassador Oil Corp.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

This is an appeal from a summary judgment on stipulated facts, wherein the trial Court refused to cancel part of an oil and gas lease, which appellant contends expired, for nondevelopment during its primary term. The appellant seeks to factually distinguish this case from Panhandle Eastern Pipe Line Company v. Isaacson, 10 Cir., 255 F.2d 669; Whitaker v. Texaco, Inc., 10 Cir., 283 F.2d 169

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