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COLLINS v. OXLEY

Nos. 88-1892, 88-2077, 88-2139.

897 F.2d 456 (1990)

Dorothy Dann COLLINS, Independent Administratrix of the Estate of James M. Collins, Trustee, Plaintiff-Appellant, Cross-Appellee, v. John C. OXLEY, d/b/a Oxley Petroleum, Defendant-Counterclaimant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

February 26, 1990.

Attorney(s) appearing for the Case

Paul G. Smith, P.C., Norman, Okl. (Mike Turpen and Richard Mildren of Chapel, Wilkinson, Riggs & Abney, Oklahoma City, Okl., with him on the brief), for plaintiff-appellant, cross-appellee.

J. David Jorgenson (George H. Lowrey, Tulsa, Okl., of counsel: Conner & Winters, Tulsa, Okl., with him on the brief), for defendant-counterclaimant-appellee, cross-appellant.

Before BALDOCK and McWILLIAMS, Circuit Judges, and KANE, District Judge.

McWILLIAMS, Circuit Judge.

No. 88-1892

This diversity case involves the Oklahoma Surface Damage Act (the Act), Okla. Stat. tit. 52, § 318.2 (Supp. I 1987). The effective date of the Act was July 1, 1982. Prior to that date, under Oklahoma law the holder of an oil and gas lease had an implied right to enter upon the leased premises and make such use of the surface as was reasonably necessary to develop and produce oil and gas without liability...

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