UNION OIL CO. OF CALIFORNIA v. HEINSOHN

Nos. 92-6211, 92-6217, and 92-6240.

43 F.3d 500 (1994)

UNION OIL COMPANY OF CALIFORNIA, Plaintiff, Appellant, Cross-Appellee, v. Darrel D. HEINSOHN, an individual, and Kathy Heinsohn, an individual, Defendants, Third-Party-Plaintiffs, Appellees, Cross-Appellants, v. EXXON CORPORATION, a New Jersey corporation, Third-Party Defendant, Appellant, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 15, 1994.


Attorney(s) appearing for the Case

L. Mark Walker (Val R. Miller, with him on the briefs), of Crowe & Dunlevy, P.C., Oklahoma City, OK, for appellant, cross-appellee Exxon Corp.

Gregory A. McKenzie, of McKenzie, Moffett & Sykora, Oklahoma City, OK, (Brian L. Peterson, of McKenzie, Moffett & Sykora, Oklahoma City, OK, and Mark A. Jones, Union Oil Co. of California, Houston, TX, with him on the briefs), for appellant, cross-appellee Union Oil Co. of California.

Bradley D. Brickell (R. Bruce Kerr and Christine R. Fritze, with him on the briefs), of Mahaffey & Gore, P.C., Oklahoma City, OK, for appellees, cross-appellants Heinsohn.

Before TACHA and SETH, Circuit Judges, and LUNGSTRUM, District Judge


SETH, Circuit Judge.

These diversity proceedings began with an action brought by Union Oil Company for a declaratory judgment against Darrel D. Heinsohn and Kathy Heinsohn. It sought to determine whether Union Oil would be liable to the Heinsohns under the Oklahoma Surface Damages Act, Okla.Stat. tit. 52, §§ 318.2-.9 (1991), if it built and operated a sour gas processing plant in the NE/4 of Section 33 of a described township. The plant was to be built and...

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