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GRAHAM AND HILL v. DAVIS OIL COMPANY

No. 3948.

486 P.2d 240 (1971)

GRAHAM AND HILL, a corporation, Appellant (Plaintiff below), v. DAVIS OIL COMPANY, Appellee (Defendant below), and HLM Drilling Company, a corporation, (Defendant below).

Supreme Court of Wyoming.

June 28, 1971.

Attorney(s) appearing for the Case

J.D. Fitzstephens of Goppert & Fitzstephens, Cody, for appellant.

Edward S. Halsey, Newcastle, Anthony F. Zarlengo and Howard M. Kirshbaum, Denver, Colo., for appellee.

Before McINTYRE, C.J., and PARKER, McEWAN and GRAY, JJ.

Mr. Justice PARKER delivered the opinion of the court.

This is an appeal from a judgment which dismissed a claim of Graham and Hill against Davis Oil Company, seeking some $15,000 on account of water hauled for the defendants. The case was tried to the court on stipulated facts, plaintiff's version of which is:

The Davis Oil Company contracted to have HLM Drilling Company drill an oil well in Washakie County; the contract provided in relevant part, "Contractor...

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