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PACIFIC ENTERPRISES OIL CO. v. HERTZ

No. 88-1765.

893 F.2d 280 (1990)

PACIFIC ENTERPRISES OIL COMPANY, a California Corporation, Plaintiff-Appellee, v. Charles S. HERTZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 10, 1990.

Attorney(s) appearing for the Case

Stephen H. Glickman (David A. Hickerson, of Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., with him on the briefs), of Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., for defendant-appellant.

Robert C. Hawley (Kathleen M. Kulasza, of Hawley & VanderWerf, Denver, Colo., and William H. Everett, III, Gen. Counsel, Terra Resources, Inc., Tulsa, Okl., with him on the brief), of Hawley & VanderWerf, Denver, Colo., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, TACHA, Circuit Judge, and WINDER, District Judge.

TACHA, Circuit Judge.

This is an appeal from the district court's grant of summary judgment in favor of Terra Resources, Inc., which had initiated a declaratory judgment action to determine its rights and obligations under a contract to assign an oil and gas lease. We affirm.

I.

Defendant Charles S. Hertz, a Pennsylvania resident, applied for an oil and gas lease under section 17 of the Mineral Leasing Act of 1920, 30 U.S.C. §§ 181-263...

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