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SMITH v. McGILL

No. 7048.

12 F.2d 32 (1926)

SMITH v. McGILL et al.

Circuit Court of Appeals, Eighth Circuit.

April 2, 1926.

Attorney(s) appearing for the Case

William H. Martin, of Tulsa, Okl. (Hulette F. Aby and William F. Tucker, both of Tulsa, Okl., and Eugene B. Smith, of Sapulpa, Okl., on the brief), for appellant.

Joseph L. Hull, of Muskogee, Okl. (Preston C. West, of Tulsa, Okl., Nathan A. Gibson, of Muskogee, Okl., and Roger S. Sherman and A. A. Davidson, both of Tulsa, Okl., on the brief), for appellees.

Before SANBORN, Circuit Judge, and MUNGER and JOHNSON, District Judges.

MUNGER, District Judge, delivered the opinion of the court.

This suit was brought to cancel an oil and gas lease. There was a decree for the defendants and the plaintiff J. T. Smith has appealed. The parties will be referred to as they were designated in the court below. The plaintiffs alleged that they had acquired the title of the original lessor, and claimed that the original lessee had failed to comply with the conditions of the lease by finding gas or oil in...

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