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GREYHOUND LEASING & FINANCIAL CORP. v. JOINER CITY UNIT

No. 2-70.

444 F.2d 439 (1971)

GREYHOUND LEASING & FINANCIAL CORPORATION, on behalf of itself and others similarly situated, Plaintiff-Appellee, v. JOINER CITY UNIT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing filed August 18, 1971.

Attorney(s) appearing for the Case

Louis A. Fischl, Ardmore, Okl. (Eldon E. Scott, Dallas, Tex., Joseph M. Culp and F. Lovell McMillin, Ardmore, Okl., with him on the brief), for defendant-appellant.

Ernest E. Specks and Louis P. Bickel, Dallas, Tex. (Johnson, Bromberg, Leeds & Riggs, Dallas, Tex., Robert J. Emery, of Lytle, Soule & Emery, Oklahoma City, Okl., with them on the brief), for plaintiff-appellee.

Philip R. Wimbish, Tulsa, Okl., for amici curiae, Joseph W. Morris, et al.

Brief submitted by Kent F. Frates and Dee A. Replogle, Jr., Oklahoma City, Okl., for amicus curiae, Okl. Independent Petroleum Ass'n.

Before PICKETT, BREITENSTEIN, and SETH, Circuit Judges.

SETH, Circuit Judge.

This is a class action which was commenced by the plaintiff which was an interest owner in two oil and gas leases and two wells which it asserted were permanently damaged by the encroachment of salt water into the underlying producing formations, caused by the secondary recovery operations of the defendant unit. The plaintiff's wells and leases are located outside the boundaries of the unitized area operated by the defendant.

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