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MOORE v. CARTER OIL CO.

No. 264.

43 F.2d 322 (1930)

MOORE v. CARTER OIL CO.

Circuit Court of Appeals, Tenth Circuit.

September 2, 1930.

Attorney(s) appearing for the Case

W. E. Stanley and Chester I. Long, both of Wichita, Kan. (Thomas H. Owen and Ned Looney, both of Oklahoma City, Okl., on the brief), for appellant.

L. G. Owen, of Tulsa, Okl. (James A. Veasey, of Tulsa, Okl., on the brief), for appellee.

Robert L. Owen, of Washington, D. C., as amicus curiæ.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

Appellant brought this bill claiming that he is owner of the mineral estate in 40 acres in Seminole County, Oklahoma. He alleged appellee had entered upon the land without right and extracted therefrom oil and gas of great value, and he seeks an accounting. Appellee in its answer admitted that it had mined the premises for oil and gas under a lease for that purpose given to one Hudson on January 16, 1926; alleged that Hudson later assigned the...

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