Rock Island Improvement Company v. Helmerich & Payne, Inc.

698 F.2d 1075 (10th Cir. 1983)

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Nature of the Case

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Facts

D leased two tracts of land from P for coal mining purposes. The lease contained a reclamation clause that stated: 'Upon the abandonment or completion of any mining operation, or part thereof, including but not limited to any strip operation, the surface shall be restored as nearly as possible to its condition prior to said mining operation. . . .' D subleased to a strip miner. When the lease ended, the tracts were left with two strip pits and were not otherwise reclaimed to P's satisfaction. P sued D for damages being the cost to restore the land. P got the judgment for $375,000. D appealed.