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MIZE v. EXXON CORP.

No. 78-3616.

640 F.2d 637 (1981)

Ivy Ellis MIZE and wife, Voncile Mize, Plaintiffs-Appellants, v. EXXON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 25, 1981.

Attorney(s) appearing for the Case

James E. Hart, Jr., Brewton, Ala., for plaintiffs-appellants.

Ben H. Harris, Jr., Charles B. Bailey, Jr., Mobile, Ala., for defendant-appellee.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.

POLITZ, Circuit Judge:

In this diversity suit Ivy Ellis Mize and Voncile Mize seek damages and partial cancellation of an oil, gas and mineral (OGM) lease covering certain properties in Alabama. The Mizes contend that Exxon failed to protect their land against drainage by wells drilled in the area and failed to develop the leased property in a reasonable manner. The district court granted Exxon's motion for summary judgment...

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