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MESA PETROLEUM CO. v. SCHEIB

No. 81-2462.

726 F.2d 614 (1984)

MESA PETROLEUM CO., Plaintiff-Appellant, v. Oscar W. SCHEIB and Dorothy M. Scheib, his wife; Robert A. Clark; D.R. Lauck Oil Co., Inc.; Hummon Corporation; Pat Petroleum Co., a limited partnership; Byron E. Hummon, Jr.; Kansas Power & Light Company; Lexington Ventures, a partnership; Glen E. Scheib and Gloria Scheib, his wife; and Charles W. Scheib and Susan Scheib, his wife, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 23, 1984.

Attorney(s) appearing for the Case

Neil O. Bowman, Amarillo, Tex. (Barry F. Cannaday, Amarillo, Tex., Gerald Sawatzky and R. Douglas Reagan, Wichita, Kan., with him on the brief), for plaintiff-appellant.

Joseph W. Kennedy of Morris, Laing, Evans, Brock & Kennedy, Chartered, Wichita, Kan. (Ferd E. Evans, Jr. and Ralph R. Brock, Wichita, Kan., with him on the brief), for defendants-appellees except Kansas Power & Light Co.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.

SETH, Chief Judge.

This is an appeal from a judgment of the trial court which held that an oil and gas lease in Kansas contained provisions equivalent to a Pugh clause. This conclusion led to a division of the lease into two leases one covering the acreage pooled with other tracts and the other covering lands not pooled, with a holding that one had expired.

The basic lease provisions should, ordinarily, apply when...

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