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INSELMAN v. S & J OPERATING CO.

No. 93-6421.

44 F.3d 894 (1995)

Robert Eugene INSELMAN; Clydean Juanita Inselman; Harold Nevill; Tommy Lee Holt; Linda Gail Holt; Glenn Dale Love; Patricia Ann Love, Plaintiffs-Appellants, v. S & J OPERATING COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Order Granting Rehearing In Part February 17, 1995.

Attorney(s) appearing for the Case

Robert D. Tomlinson, David A. Walls, of McKinney, Stringer & Webster, P.C., Oklahoma City, OK, for plaintiffs-appellants.

Robert N. Barnes, Roy B. Short, of Barnes & Lewis, P.C., Oklahoma City, OK, for defendant-appellee.

Before BALDOCK and McKAY, Circuit Judges, and VRATIL, District Judge.

BALDOCK, Circuit Judge.

Plaintiffs appeal from a judgment in favor of defendant S & J Operating Company entered after a jury trial. The sole issue on appeal is whether the district court abused its discretion by excluding evidence that defendant had purchased property adjacent to plaintiffs' property because defendant had polluted that property with its oil field activities. We conclude no abuse of discretion occurred, and affirm.1

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