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TENNECO WEST, INC. v. MARATHON OIL CO.

No. 84-6333.

756 F.2d 769 (1985)

TENNECO WEST, INC., Plaintiff-Appellee, v. MARATHON OIL COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 29, 1985.

Attorney(s) appearing for the Case

Keith K. Hilbig, Smith & Hilbig, Torrance, Cal., for plaintiff-appellee.

Edward S. Renwick, Hanna & Morton, Los Angeles, Cal., for defendant-appellant.

Before PREGERSON and REINHARDT, Circuit Judges, and SCHWARZER, District Judge.

SCHWARZER, District Judge:

The question presented on this appeal is whether the district court was correct in ruling that the tax clause in certain oil and gas leases shifts from lessor to lessee the incidence of the tax levied under the Crude Oil Windfall Profit Tax Act of 1980 ("Act"), 26 U.S.C. §§ 4986 et seq. (1982).

Tenneco West, Inc., plaintiff and appellee, ("Tenneco") is the lessor under certain oil and gas leases in Kern County, California...

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