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REESE EXPLORATION v. WILLIAMS NATURAL GAS CO.

Nos. 91-3230 & 91-3231.

983 F.2d 1514 (1993)

REESE EXPLORATION, INC., Plaintiff-Appellant/Cross-Appellee, v. WILLIAMS NATURAL GAS COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

January 19, 1993.

Attorney(s) appearing for the Case

Robert L. Bezek, Jr. (Richard C. Byrd, with him on the briefs), of Anderson, Byrd, Richeson & Flaherty, Ottawa, KS, for plaintiff-appellant/cross-appellee.

Donald W. Bostwick (Paul A. Karns, Sr. Atty., The Williams Companies, Inc., Tulsa, OK, and Teresa J. James of Adams, Jones, Robinson and Malone Chartered, Wichita, KS, with him on the briefs), of Adams, Jones, Robinson and Malone Chartered, Wichita, KS, for defendant-appellee/cross-appellant.

Before BRORBY, SETH and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

Reese Exploration (Reese) brought a diversity action against Williams Natural Gas (WNG) alleging that WNG negligently permitted gas from its underground storage formation to infiltrate an overlying formation from which Reese was attempting to recover oil. The escaped gas inhibited Reese's oil recovery program. The district court found WNG negligent and awarded Reese Exploration compensatory damages, but denied injunctive and declaratory relief...

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