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OKLAHOMA CRUDE EXPLORATION v. DOW CHEMICAL CO.

No. 85-2035.

821 F.2d 1434 (1987)

OKLAHOMA CRUDE EXPLORATION, an Oklahoma corporation, Plaintiff-Appellant, v. DOW CHEMICAL COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 17, 1987.

Attorney(s) appearing for the Case

Bob Behlen, Lampkin, McCaffrey & Tawwater, Oklahoma City, Okl. (Ben T. Lampkin on the briefs), for plaintiff-appellant.

James M. Chaney, Kirk & Chaney, Oklahoma City, Okl. (Mary Lou Strange with him on the brief), for defendant-appellee.

Before LOGAN, BARRETT and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

Appellant Oklahoma Crude Exploration ("appellant") appeals from the damages portion of a judgment entered June 6, 1985 in the Western District of Oklahoma, Lee R. West, District Judge, which, after a jury trial, awarded appellant $22,881.80 in damages on its negligence claim against appellee Dow Chemical Company ("appellee").

In this diversity action, appellant claimed $91,527.18 representing the costs it incurred in repairing...

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