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SMITH & MARRS, INC. v. OSBORN

No. 26,978.

180 P.3d 1183 (2008)

2008-NMCA-043

SMITH & MARRS, INC., Plaintiff-Appellant, v. Clay OSBORN and Jeri Osborn, Defendants-Appellees.

Court of Appeals of New Mexico.

February 14, 2008.

Attorney(s) appearing for the Case

Maddox, Holloman & Kirksey, P.C., Lee A. Kirksey, Hobbs, NM, for Appellant.

Sanders, Bruin, Coll & Worley, P.A., Kelly Mack Cassels, Roswell, NM, for Appellees.

OPINION

WECHSLER, Judge.

{1} In this appeal, we consider the right of surface owners Defendants Clay and Jeri Osborn to equitable compensation resulting from oil, gas, and mineral lessee Plaintiff Smith and Marrs, Inc.'s state-mandated obligation to drill and oversee monitoring wells on Defendants' land. We conclude that (1) the leases at issue do not include express language that permits Plaintiff to drill and oversee monitoring wells without...

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