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CONTINENTAL OIL COMPANY v. BRACK

No. 9216.

381 F.2d 682 (1967)

CONTINENTAL OIL COMPANY, Appellant, v. Lee Olin BRACK, Administrator of the Estate of Larry O. Brack, Deceased, and Hartford Accident and Indemnity Co., a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

August 17, 1967.

Attorney(s) appearing for the Case

Dale Ek, Albuquerque, N. M., for appellant. Kenneth L. Harrigan, of Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., submitted a brief for appellant.

Willard F. Kitts, Albuquerque, N. M. (James L. Brown, Farmington, N. M., with him on the brief), for appellee Lee Olin Brack.

No appearance for appellee Hartford Accident & Indemnity Co.

Before WILBUR K. MILLER, Senior Circuit Judge, and BREITENSTEIN and HILL, Circuit Judges.

WILBUR K. MILLER, Senior Circuit Judge:

In January, 1961, the Lohmann Oil Well Servicing Company was engaged as an independent contractor by Continental Oil Company to recover a perforating gun which had been lost in one of its wells some time before. When Lohmann moved in, the well site was in a "messy" condition, covered with oil which varied in depth from a fraction of an inch to several inches. On January 7, after the lost tool had been recovered, Larry O. Brack...

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