No. 81-1752.

710 F.2d 1455 (1983)

Sarah M. SPAETH, Appellee, v. UNION OIL COMPANY OF CALIFORNIA, a corporation, Appellant.

United States Court of Appeals, Tenth Circuit.

June 24, 1983.

Attorney(s) appearing for the Case

Robert J. Emery, Oklahoma City, Okl. (James M. Gaitis of Emery, McCandless, Gaitis, Bruehl & Gerstandt, and Harry H. Selph, II, of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., with him on brief), for appellee.

H.B. Watson, Jr., Oklahoma City, Okl. (Richard K. Books of Watson, McKenzie & Moricoli, Oklahoma City, Okl., with him on briefs), for appellant.

Before McWILLIAMS, McKAY and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This diversity action presents a claim by a lessor against a lessee for tortious breach of an Oklahoma oil and gas lease implied covenant to protect against drainage. After trial the jury found that the defendant had breached the lease and awarded both actual and punitive damages. Subsequently, the court awarded partial lease cancellation. The appeal of the lessee raises many issues of fact and...

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