ROBERTS v. FUNK EXPLORATION, INC.

No. 65018.

764 P.2d 147 (1988)

Betty ROBERTS, Neal Clubb and Alice Fay Clubb, Appellants, v. FUNK EXPLORATION, INC., and Earl Patzkowsky, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied November 15, 1988.


Attorney(s) appearing for the Case

Kornfeld, Franklin & Phillips by Mark E. Pruitt, Oklahoma City, for appellants.

Mahaffey & Gore, P.C. by Richard J. Gore and Martha Martin, Oklahoma City, for appellee Earl Patzkowsky.

Horning, Johnson, Grove & Moore by Roger Grove, Oklahoma City, for appellee Funk Exploration, Inc.

Walker, Walker & Driskill by Russell James Walker, Oklahoma City, for appellee Tom Z. Wright.


LAVENDER, Justice.

Prior to 1977 Section 35 had been spaced as a 640 acre unit for the Morrow common source of supply. In 1977 a well was completed in the SE/4 of Section 35. This well was a marginal producer of oil. Based on this well Section 35 was respaced as 80 acre units for the production of oil from the Morrow. In 1984 appellee Funk Exploration, Inc., drilled and completed a well in the NW/4 of Section 35. This well was completed as a prolific producer of gas...

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