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ARNOLD OIL PROPERTIES v. SCHLUMBERGER TECHNOLOGY

No. 11-6053.

672 F.3d 1202 (2012)

ARNOLD OIL PROPERTIES LLC, Plaintiff-Appellee, v. SCHLUMBERGER TECHNOLOGY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 6, 2012.

Attorney(s) appearing for the Case

Toby M. McKinstry of Tomlinson Rust McKinstry Grable, Oklahoma City, OK, for Defendant-Appellant.

Thomas G. Wolfe ( Catherine L. Campbell with him on the brief) of Phillips Murrah P.C., Oklahoma City, OK, for Plaintiff-Appellee.

Before LUCERO, McKAY, and TYMKOVICH, Circuit Judges.

McKAY, Circuit Judge.

This is a dispute concerning cementing services provided on an oil well. Plaintiff Arnold Oil Properties, LLC, ("Arnold") hired Defendant Schlumberger Technology Corp. ("Schlumberger") to perform a specialized cement job on its deep-zone gas well. After Schlumberger poured too much cement into the well, Arnold sued for breach of contract and negligence. The district court concluded as a matter of law that an alleged exculpatory provision in the...

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