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CALLON PETROLEUM CO. v. BIG CHIEF DRILLING CO.

No. 74-4172.

548 F.2d 1174 (1977)

CALLON PETROLEUM COMPANY, Plaintiff-Appellee, v. BIG CHIEF DRILLING COMPANY, Defendant-Third-Party Plaintiff Appellant, v. William R. STANLEY, Defendant-Third-Party Defendant Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 27, 1977.

Attorney(s) appearing for the Case

George P. Hewes, III, Jackson, Miss., for Big Chief Drilling Co.

Elmer H. Theis, Houston, Tex., amicus curiae, for Int'l Assoc. of Drilling Contractors.

Dale H. McKibben, Roger C. Landrum, Richard L. Forman, Jackson, Miss., for Callon Pet. Co.

James E. Sandusky, Meridian, Miss., for Wm. R. Stanley.

Before COLEMAN, GODBOLD and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 27, 1977.

JAMES C. HILL, Circuit Judge:

This appeal involves a controversy over the surface location of a well drilled in search of oil and gas in Clarke County, Mississippi. After the close of the evidence, the district court directed a verdict for the plaintiff and third-party defendant. We conclude this was error in part and reverse for a new trial.

The proper standard in federal court to test the sufficiency...

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