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AMOCO PRODUCTION CO. v. HEIMANN

Nos. 88-2070, 88-2072, 88-2255 and 88-2355.

904 F.2d 1405 (1990)

AMOCO PRODUCTION COMPANY, Plaintiff-Counterdefendant-Appellant and Cross-Appellee, v. J. Casper HEIMANN; Owaissa Heimann, his wife; Roberta Nelson; Bobby D. Adee; Howard W. Robertson; Pauline Robertson, his wife; Johnann Adee, as Trustee for Sharon Adee and Dowlen Adee; J. Casper Heimann, as Trustee for Randall Lynn Heimann, Jay Dee Heimann, Gene Alvin Heimann and Russell Gary Heimann; Pauline Robertson, as Trustee for Van Howard Robertson; Deana Shugart, a married woman dealing in her sole and separate estate; and Johnann Adee, in her capacity as Personal Representative of the Estate of Fred P. Heimann, deceased, Defendants-Counterclaimants-Appellees and Cross-Appellants, Rocky Mountain Oil and Gas Association; New Mexico Oil & Gas Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 24, 1990.

Attorney(s) appearing for the Case

William F. Carr (Michael B. Campbell & John H. Bemis, with him on the brief), Campbell & Black, Santa Fe, N.M., for plaintiff-counterdefendant-appellant and cross-appellee.

Steven L. Tucker (Jerry Wertheim & Arturo L. Jaramillo, with him on the brief), Jones, Snead, Wertheim, Rodriguez & Wentworth, Santa Fe, N.M., for defendants-counterclaimants-appellees and cross-appellants.

Charles L. Kaiser and Mary A. Viviano, Davis, Graham & Stubbs, Denver, Colo., filed an amicus curiae brief for the Rocky Mountain Oil and Gas Ass'n.

Paul A. Cooter, Rodey, Dickason, Sloan, Akin & Robb, Santa Fe, N.M., filed an amicus curiae brief for the New Mexico Oil and Gas Ass'n.

Before SEYMOUR and BALDOCK, Circuit Judges, and THEIS, District Judge.

BALDOCK, Circuit Judge.

Amoco Production Company (Amoco) appeals from a $4 million judgment arising out of its unitization of a carbon dioxide field in northeastern New Mexico. Amoco argues, inter alia, that the district court 1) misinstructed the jury on an oil or gas lessee's duty of good faith, and 2) improperly failed to accord collateral estoppel effect to the findings of the New Mexico Oil Conservation Commission (OCC). Our jurisdiction over this diversity...

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