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  5. 178 F.Supp.2d 1217 (2001)
 

MANZANO OIL CORP. v. CHESAPEAKE OPERATING, INC.

No. 00-178-WWD/KBM.

178 F.Supp.2d 1217 (2001)

MANZANO OIL CORPORATION, et al., Plaintiffs, v. CHESAPEAKE OPERATING, INC., Defendant.

United States District Court, D. New Mexico.

August 27, 2001.

Attorney(s) appearing for the Case

Michael B. Campbell, Holland & Hart and Campbell & Carr, Santa Fe, NM, John A. Davis, Holly B. Williams, Turner & Davis, Midland, TX, for Plaintiffs,

Stanley N. Harris, Earl E. DeBrine, Jr., Modrall Sperling Roehl Harris & Sisk, Albuquerque, NM, Perry D. Davis, Jr., Shafer Davis McCollum Ashley O'Leary & Stoker, Odessa, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

DEATON, United States Magistrate Judge.

This matter comes before the Court upon Defendant's Motion for Partial Summary Judgment filed July 27, 2001 (Doc. 28). Plaintiffs oppose the motion. Defendant ("Chesapeake"), seeks a declaratory judgment on an oil and gas lease finding that Defendant took action necessary under the lease to extend the primary term beyond its expiration date. For reasons discussed below...

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