IMPERIAL COLLIERY COMPANY, Plaintiff-Appellee,
v.
OXY USA INC., (Formerly Cities Service Oil Company), Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 31, 1989.
Decided August 24, 1990.
As Amended September 19, 1990.
Rehearing Denied September 24, 1990.
Attorney(s) appearing for the Case
Mark A. Swartz, Kay, Casto, Chaney, Love & Wise, Charleston, W.Va., argued (Dina M. Mohler, Kay, Castro, Chaney, Love & Wise, Charleston, W.Va., on brief), for defendant-appellant.
J. Thomas Lane, Bowles, Rice, McDavid, Graff & Love, Charleston, W.Va., argued (F.T. Graff, Jr., Bowles Rice McDavid Graff & Love, Charleston, W.Va., on brief) for plaintiff-appellee.
Before PHILLIPS, Circuit Judge, BUTZNER, Senior Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
PHILLIPS, Circuit Judge:
OXY USA, Inc. (formerly Cities Service Oil and Gas Co.) (Oxy) appeals from a judgment awarding compensatory damages to Imperial Colliery Co. (Imperial) for Oxy's breach of an oil and gas lease between Imperial as lessor and Oxy as lessee. We affirm the district court's determination that Oxy was liable for breach of the lease in the ways alleged, but we vacate a portion of the court's award of damages...
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