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SUPERIOR OIL CO. v. DEVON CORP.

No. 78-1760.

604 F.2d 1063 (1979)

The SUPERIOR OIL COMPANY, a Nevada Corporation, and Petroleum, Inc., a Kansas Corporation, Appellants, v. DEVON CORPORATION, an Oklahoma Corporation, Miller-Christensen, a partnership, Gear Drilling Company, a Colorado Corporation, Falco, Inc. of Delaware, a Delaware Corporation, Camberly Corporation, a Colorado Corporation, Schuler-Olsen Ranches, Inc., a Nebraska Corporation, Chris L. Christensen, Jr., Arthur T. Olsen, Sharen Olsen, Mary Louise Schuler, Darrel D. Schuler, Harold C. Olsen, Grace L. Olsen, and the Estate of Velma Olsen Crampton, deceased, by and through its executrix, Mary Louise Schuler, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1979.

Rehearing Denied August 21, 1979.

Attorney(s) appearing for the Case

Robert C. Hawley, of Ireland, Stapleton & Pryor, Denver, Colo., for appellant; Kirk B. Holleyman, Gretchen A. VanderWerf, Denver, Colo., W. B. Wagner, Jr., and Louis O. Satterfield, Jr., of The Superior Oil Co., Houston, Tex., and Frederick S. Cassman and Frank F. Pospishil, of Abrahams, Kaslow & Cassman, Omaha, Neb., on brief.

Thomas C. McKee, of Clanahan, Tanner, Downing & Knowlton, Denver, Colo., for appellees; David C. Knowlton, Denver, Colo., on brief.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, Chief Judge.

BENSON, Chief Judge.

This is an appeal from an order and judgment of the district court cancelling an oil and gas lease for breach of an implied covenant to further develop the lease, and from a Rule 41(b) dismissal of some of the defendants in the action.

In 1949 Harlen C. and Velma R. Olsen executed an oil and gas lease in favor of plaintiff Superior Oil Company (Superior) covering 3,440 acres of land in Banner County, Nebraska. The lease was recorded in...

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