DAVIS v. CRAMER

No. 90SC133.

808 P.2d 358 (1991)

J.W.C. DAVIS and Gwendolyn Davis, Petitioners/Cross-Respondents, v. R.K. CRAMER, Richard Haines, Irene M. Light, Louis S. Madrid, Gary Sandlin and Sandlin Oil Corp., Respondents/Cross-Petitioners.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 15, 1991.


Attorney(s) appearing for the Case

Samuel L. McClaren, P.C., Samuel L. McClaren, Tucson, Ariz., for petitioners/cross-respondents.

Burns, Wall, Smith and Mueller, P.C., George W. Mueller, Denver, for respondents/cross-petitioners.


Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review Davis v. Cramer, 793 P.2d 605 (Colo.App.1990), and now reverse and remand with directions. We limited our review to a determination of whether an implied duty to market gas arises during the primary term of an oil and gas lease, and whether the court of appeals erred in remanding this case to the trial...

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