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NEWMAN v. NELSON

No. 7847.

350 F.2d 602 (1965)

Joseph E. NEWMAN, also known as J. E. Newman, Appellant, v. Everett NELSON and Geral J. Bannon, Appellees.

United States Court of Appeals Tenth Circuit.

September 14, 1965.

Attorney(s) appearing for the Case

Arthur W. Skaer and Alvin D. Herrington, Wichita, Kan. (William Tinker, Hugh P. Quinn, Richard T. Foster, Lee H. Woodard and William A. Hensley, Wichita, Kan., with them on brief), for appellant.

Fred R. Vieux, Augusta, Kan., and James B. McKay, Jr., El Dorado, Kan. (J. B. McKay, El Dorado, Kan., with them on brief), for appellees.

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

MURRAH, Chief Judge.

This is an appeal from a diversity action judgment on a jury verdict awarding actual and punitive damages for pollution of plaintiff's stock pond by escaping crude oil from defendant's oil lease operations.

In the pre-trial order the Court ruled that the case "was not one of negligence, but one of nuisance"; that "the defenses raised by the defendant of reasonable conduct, contributory negligence...

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