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JUSTICE v. PENNZOIL CO.

No. 78-1151.

598 F.2d 1339 (1979)

Roma McKinney JUSTICE, Glen Justice, Fred McKinney, Betty McKinney, Murrel McKinney, Alberta McKinney, Alva McKinney Quinn, Jane McKinney, James McKinney, Georgine McKinney, Charles McKinney and Cindy McKinney, Appellees, v. PENNZOIL COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1979.

Attorney(s) appearing for the Case

Fred L. Davis, Jr., Parkersburg, W. Va. (William A. Trainer, Davis, Davis, Hall & Clovis, Parkersburg, W. Va., on brief), for appellant.

Ray E. Ratliff, Jr., Charleston, W. Va. (Paul J. Kaufman, Kaufman & Ratliff, Charleston, W. Va., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, RUSSELL and HALL, Circuit Judges.

K. K. HALL, Circuit Judge:

Plaintiffs, owners of the surface rights to certain land situate in Lincoln County, West Virginia, brought suit in state court against defendant Pennzoil Company, the lessee of oil and gas rights in the land, alleging that Pennzoil had unreasonably and negligently damaged the surface incident to its drilling of several oil wells. Defendant removed the case to federal district court on grounds of diversity. 28 U.S.C. § 1441(a). After...

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