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WINN v. NILSEN

No. 58690.

670 P.2d 588 (1983)

Wayne WINN, John Winn, and Keith Dowdell, Appellants, v. Carl A. NILSEN, Cotton Petroleum Corporation, a Delaware corporation, Rexwood Corporation, an Oklahoma corporation, James W. Tupper, Sylvia N. Tupper, Fred C. Andretta, Lanny G. Anderson, Larry M. Nilsen, and Carol L. Nilsen, and H.B. & Y. Associates, a general partnership, Appellees.

Supreme Court of Oklahoma.

September 27, 1983.

Attorney(s) appearing for the Case

Duke Halley, Hieronymus, Hodgden, Halley & Meyer, Woodward, for appellants.

Michael P. Warwick, Jon D. Flowers, Adcock & Flowers, Shawnee, for appellee Rexwood Corp.

J. David Jorgenson, Conner, Winters, Ballaine, Barry & McGowen, Tulsa, for appellee Cotton Petroleum Corp.

Richard K. Books, Sharon L. Taylor, Watson, McKenzie & Moricoli, Oklahoma City, for remaining appellees.

OPALA, Justice.

The first-impression issue dispositive of this appeal is whether a primary five-year term in an oil-and-gas lease expires at midnight on its anniversary date. We answer in the affirmative.

This is lessors' appeal from summary judgment that establishes the termination point of a five-year oil-and-gas "commencement-type"1 lease at midnight of February 16, 1982. The lease...

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