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OSWELL v. TENNESSEE LAND AND EXPLORATION CO.

No. 84-7737.

774 F.2d 1556 (1985)

William H. OSWELL, Mary Tabbert Oswell, William Hamilton Oswell, Jr., Charles Oswell, and William Robert Oswell, Plaintiffs-Appellants, v. TENNESSEE LAND AND EXPLORATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 4, 1985.

Attorney(s) appearing for the Case

James A. Philips, Albert J. Tully, Mobile, Ala., for plaintiffs-appellants.

Charles R. Butler, Jr., Mobile, Ala., for defendant-appellee.

Before VANCE and HENDERSON, Circuit Judges, and ALLGOOD, District Judge.

VANCE, Circuit Judge:

This diversity case involves the construction of an oil lease. Plaintiffs appeal from entry of summary judgment in favor of the defendant oil company. At issue is a conflict between a printed lease term exempting producing oil wells from any forfeiture induced by failure to drill further wells, and a typewritten rider mandating loss of all rights and claims under the lease. The district court gave effect to the printed

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