[Download] "Pleasant v. Lovell" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Pleasant v. Lovell
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 16, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

This appeal arises out of a diversity suit initiated by plaintiffs Mr. and Mrs. Marshall (Marshalls) against defendants El Paso Natural Gas Company and Meridian Oil Production, Inc. to recover damages related to the drilling and plugging of an oil and gas well on Marshalls real property. For purposes of this appeal we will refer to El Paso Natural Gas Company and Meridian Oil Production, Inc. jointly as Meridian. The jury returned a verdict for Marshalls, awarding $350,050 for diminution in value of the property, $50,000 for nuisance damages, and punitive damages of $5,000,000. Meridian appeals, asserting the district court erred: (1) in refusing to stay its proceedings and refer the factual issues of the case to the Oklahoma Corporation Commission under the doctrine of primary jurisdiction; (2) in excluding Meridians proffered evidence of the Commissions authority to order remedial actions to correct Marshalls property damage; and (3) in failing to instruct the jury that punitive damages in excess of actual damages may be awarded only upon a finding of clear and convincing evidence rather than a finding of a preponderance of the evidence. Finding no errors we affirm.

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