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MAGNOLIA PETROLEUM CO. v. SUITS

Nos. 183-190.

40 F.2d 161 (1930)

MAGNOLIA PETROLEUM CO. v. SUITS et al. FYKE et al. v. MAGNOLIA PETROLEUM CO. et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 14, 1930.

Attorney(s) appearing for the Case

B. B. Blakeney, of Oklahoma City, Okl. (W. H. Francis, of Dallas, Tex., and Hubert Ambrister, of Oklahoma City, Okl., on the brief), for complainant.

J. H. Jarman and J. B. Dudley, both of Oklahoma City, Okl. (J. B. Allen, J. H. Everest, Fred E. Suits, and Wilbur J. Holleman, all of Oklahoma City, Okl., on the brief), for respondents.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

LEWIS, Circuit Judge.

This suit was brought by Magnolia Petroleum Company, a Texas corporation, to enjoin Suits and Holleman, lessees of the Union Missionary Baptist Church, from drilling an oil and gas well on a plot of ground, 180 feet by 302½ feet, in the northwest corner of a 40-acre tract in Pottawatomie County, Oklahoma, and from producing and taking oil and gas through the well. The bill was dismissed on final hearing and plaintiff has appealed. There...

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