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DYCO PETROLEUM CORP. v. SMITH

No. 65630.

771 P.2d 1006 (1989)

DYCO PETROLEUM CORPORATION, Appellant, Counter-Appellee, v. Orlin R. and Janet SMITH, Husband and Wife, Appellees, Counter-Appellants.

Supreme Court of Oklahoma.

April 4, 1989.

Attorney(s) appearing for the Case

Gist, Grimes and Gelders by Gordon H. Rowe III, and George, Moore, Nuttle, Hammons & Hunter by James W. George and Andrew J. Moore, Oklahoma City, for appellant, counter-appellee.

Cornell, Wright & Tisdal by J. Martin Tisdal, Clinton, for appellees, counter-appellants.

LAVENDER, Justice:

Appellant, Dyco Petroleum Corporation, held the right to go on to the surface of a 160 acre tract of land owned by appellees Orlin and Janet Smith for the purpose of conducting oil and gas drilling operations as the appointed operator under a forced pooling order entered by the Oklahoma Corporation Commission.

In May 1985 appellant filed a petition in the District Court of Washita County alleging...

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