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PASTERNAK v. PAN AMERICAN PETROLEUM CORPORATION

No. 203-69.

417 F.2d 1292 (1969)

Irving PASTERNAK, Defendant-Appellant, v. PAN AMERICAN PETROLEUM CORPORATION, a Delaware corporation, Plaintiff-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 3, 1969.

Attorney(s) appearing for the Case

A. M. Alloway, Denver, Colo. (C. M. Peterson and Poulson, Odell, Peterson & Levine, Denver, Colo., on the brief), for appellant.

Donald C. McKinlay, Denver, Colo., (Ted P. Stockmar, and Holme, Roberts & Owen, Denver, Colo., on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN and HICKEY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Pan American Petroleum Corporation1 entered into a joint operating agreement with Pasternak with respect to a well to be drilled for oil and gas, under which Pan American was to drill and operate the well. Pasternak agreed to pay 37½ per cent of the cost of drilling, testing, equipping and operating the well; and if a dry hole, also the cost of plugging it. The well was drilled by Pan American and...

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