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LACHMAN v. SPERRY-SUN WELL SURVEYING COMPANY

No. 661-70.

457 F.2d 850 (1972)

Charles R. LACHMAN et al., Appellants, v. SPERRY-SUN WELL SURVEYING COMPANY, a corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 16, 1972.

Attorney(s) appearing for the Case

Robert J. Emery, Oklahoma City, Okl. (William D. Curlee, Oklahoma City, Okl., with him on the brief), for appellants.

Coleman Hayes, Oklahoma City, Okl. (E. M. Cage, Dallas, Tex., J. Colbert Peurifoy, Houston, Tex., and J. Paul Greve, Tulsa, Okl., with him on the brief), for appellee.

Before SETH, HOLLOWAY and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

This is an appeal from an order of the United States District Court for the Western District of Oklahoma, dismissing plaintiffs' suit for damages for breach of contract on the ground it failed to state a cause of action.

The plaintiffs had an oil and gas lease on a tract in Oklahoma on which an oil and gas well had been drilled. In April 1967 they contracted with the defendant for a directional survey of the well. This contract forbade...

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