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ROXANA PETROLEUM CORPORATION v. SUTTER

No. 8090.

28 F.2d 159 (1928)

ROXANA PETROLEUM CORPORATION v. SUTTER et al.

Circuit Court of Appeals, Eighth Circuit.

July 30, 1928.

Attorney(s) appearing for the Case

William K. Koerner, of St. Louis, Mo. (Koerner, Fahey & Young and Milton R. Stahl, all of St. Louis, Mo., on the brief), for appellant.

H. W. Hart, of Wichita, Kan. (Charles G. Yankey, John Gleason, Kenneth Cox, John Gregory Sears, Glenn Porter, Enos E. Hook, and W. G. McDonald, all of Wichita, Kan., on the brief), for appellees.

Before LEWIS, Circuit Judge, and PHILLIPS and JOHN B. SANBORN, District Judges.

PHILLIPS, District Judge.

This is an appeal from a decree in a suit in equity, brought by the Roxana Petroleum Corporation against O. E. Sutter, H. H. Birkett, and the Derby Oil Company. By its bill, the Roxana Corporation sought a decree adjudging that it had the exclusive right, under an oil and gas lease running from Louie Fritz to it, to mine, to operate for, and to produce oil and gas from a certain tract of land theretofore deeded to the Wichita & Midland...

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