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OWENS v. SUPERIOR OIL CO.

No. 16517.

730 P.2d 458 (1986)

105 N.M. 155

Jim J. OWENS, Don M. Fedric, and Ronald Peters, Plaintiffs-Appellants, v. The SUPERIOR OIL COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

December 12, 1986.

Attorney(s) appearing for the Case

A.J. Losee, Losee & Carson, Artesia, K. Douglas Perrin, Shamas & Perrin, Roswell, for plaintiffs-appellants.

Harold L. Hensley, Jr., Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, for defendant-appellee.

OPINION

WALTERS, Justice.

Plaintiff Owens and others sued Superior to obtain release of an oil and gas lease held by Superior. Both parties moved for summary judgment; the trial judge denied Owens's motion and granted Superior's. Owens appeals, posing the following issue:

Does pooling leased land with other land, on which lessee began drilling operations within the sixty-day grace period allowed under a continuous operations clause, effectuate a...

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