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TEXACO, INC. v. MERCURY EXPLORATION CO.

No. 92-2574.

994 F.2d 463 (1993)

TEXACO, INC., Appellee, v. MERCURY EXPLORATION COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 27, 1993.

Rehearing Denied July 13, 1993.

Attorney(s) appearing for the Case

Charles T. Edin, Bismarck, ND, argued (Thomas O. Smith, on the brief), for appellant.

John D. Sullivan, Denver, CO, argued (William P. Pearce and Lawrence Bender, Bismarck, ND, on the brief), for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

HEANEY, Senior Circuit Judge.

Texaco Inc. and Mercury Exploration Company entered into an agreement to drill three oil wells in Mountrail County, North Dakota. Texaco sued Mercury for breach of contract in the United States District Court for North Dakota and sought liquidated damages of $150,000. Mercury alleged oral modification and estoppel. The district court granted Texaco's motion for summary judgment, and Mercury appealed. We affirm.

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