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MARKEN v. GOODALL

No. 72-1882.

478 F.2d 1052 (1973)

Daniel E. MARKEN, Plaintiff-Appellant, v. C. M. GOODALL, a widow, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 21, 1973.

Attorney(s) appearing for the Case

Carl L. Lathrop, Cheyenne, Wyo., for plaintiff-appellant.

H. B. Harden, Jr., Casper, Wyo., for defendants-appellees, C. M. Goodall and Goodall Oil Co.

Donald C. McKinlay, Denver, Colo. (Ted Simola, Cheyenne, Wyo., on the brief), for defendant-appellee, Atlantic Richfield Co.

Before LEWIS and BARRETT, Circuit Judges, and SMITH, District Judge.

BARRETT, Circuit Judge.

Daniel E. Marken appeals from the decision denying his prayer for specific performance based upon his alleged preferential right to purchase the working interest in an oil and gas lease owned by one R. A. Goodall, doing business as Goodall Oil Company, a sole proprietorship. In the alternative, Marken sought damages in the amount of $50,000 together with interest and costs. The Court held that Marken...

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