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KIMZEY v. FLAMINGO SEISMIC SOLUTIONS INC.

No. 11-6211.

696 F.3d 1045 (2012)

Ted KIMZEY, an individual; Troy Miller, an individual; Estate of Clovis Miller, Sr., an individual; Geneva Miller, an individual; Steele Kimzey, an individual, Plaintiffs-Appellants, v. FLAMINGO SEISMIC SOLUTIONS INC., a foreign for profit business corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 15, 2012.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Randy C. Smith , Hickman Law Group, PLLC, Oklahoma City, OK; Thomas B. Goodwin , Thomas B. Goodwin Law Firm, Cheyenne, OK, for Plaintiffs-Appellants.

Michael E. Smith and Sharon T. Thomas , Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, OK, for Defendant-Appellee.

Before LUCERO, McKAY, and GORSUCH, Circuit Judges.

McKAY, Circuit Judge.

This is an appeal from a summary judgment dismissal in the district court. Plaintiffs brought a trespass action for damages to their land caused by Defendant's seismic exploration activities. Plaintiffs originally filed their action in the state court of Oklahoma; Defendant removed it to federal district court based on diversity of citizenship. Defendant moved for summary judgment, arguing that it had permission to enter the property and conduct...

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