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BURKE v. HORTH

No. 6828.

12 F.2d 58 (1926)

BURKE et al. v. HORTH et al.

Circuit Court of Appeals, Eighth Circuit.

March 4, 1926.

Attorney(s) appearing for the Case

N. E. Corthell, of Laramie, Wyo., and John R. Smith, of Denver, Colo. (George E. Brimmer, of Cheyenne, Wyo., on the brief), for appellants.

A. C. Campbell, of Cheyenne, Wyo. (Roderick N. Matson, of Cheyenne, Wyo., Merle N. Poe, of Findlay, Ohio, and A. M. Gee, of Casper, Wyo., on the brief), for appellees.

Before STONE and VAN VALKENBURGH, Circuit Judges, and WILLIAMS, District Judge.

WILLIAMS, District Judge.

The appellants, M. B. Burke and Eclipse Oil Company, claim through an oil and gas mining lease covering 320 acres in the Salt Creek oil field of Wyoming, executed on November 21, 1911, to J. Condit Smith, lessee, by appellee Ralph R. Horth's testate, Robert Taylor, then holder under original mineral location. On September 23, 1916, said Taylor executed another oil and gas mining lease to R. J. Mosher...

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