No. 73-1040.

485 F.2d 414 (1973)

Jerome B. GUINAND, Plaintiff-Appellant, v. ATLANTIC RICHFIELD COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 12, 1973.

Attorney(s) appearing for the Case

Raymond B. Whitaker, Casper, Wyo., for plaintiff-appellant.

Houston G. Williams, Casper, Wyo. (Hunter L. Johnson, Jr., Denver, Colo., on the brief), for defendant-appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

In this diversity case, the appeal is from a summary judgment for defendants entered in the United States District Court of Wyoming. The complaint sought damages under both a contract and a tort theory based upon appellee's failure to obtain an extension of an oil and gas lease in which appellant held an overriding royalty interest. The facts were stipulated.

A five-year federal oil and gas lease was issued to Jerome B. Guinand with an...

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