BARBY v. CABOT PETROLEUM CORP.

No. 91-6087.

944 F.2d 798 (1991)

Paul M. BARBY; Paul M. Barby, Trustee for the Celestine Barby Revocable Trust; Leland D. Barby; Leland D. Barby, Trustee for the Otto C. Barby # 1703 Trust; Leland D. Barby, Trustee of the Otto C. Barby # 1704 Trust; SMN Venture, an Oklahoma General Partnership; Barby Energy Corp., Plaintiffs-Appellees, v. CABOT PETROLEUM CORPORATION, a Delaware Corp., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 18, 1991.


Attorney(s) appearing for the Case

Scott D. Boughton and Gordon F. Brown of Brown & Boughton, Oklahoma City, Okl., for plaintiffs-appellees.

Clyde A. Muchmore and L. Mark Walker of Crowe & Dunlevy, Oklahoma City, Okl., for defendant-appellant.

Before SEYMOUR and EBEL, Circuit Judges, and BABCOCK, District Judge.


EBEL, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiffs, the lessors, commenced this diversity action seeking to cancel portions of six oil and gas leases, asserting defendant, the lessee, breached its...

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