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MERRITT OIL CORPORATION v. YOUNG

No. 216.

43 F.2d 27 (1930)

MERRITT OIL CORPORATION v. YOUNG et al.

Circuit Court of Appeals, Tenth Circuit.

August 6, 1930.

Attorney(s) appearing for the Case

John P. Akolt, of Denver, Colo. (Robert D. Hawley, of Denver, Colo., W. L. Walls, of Cheyenne, Wyo., and Smith, Brock, Akolt & Campbell, of Denver, Colo., on the brief), for appellant.

C. R. Ellery and Roderick N. Matson, both of Cheyenne, Wyo. (L. E. Armstrong, of Rawlins, Wyo., C. Leonard Smith, of Denver, Colo., and Mr. John Dillon, Clarence A. Swainson, and Carleton A. Lathrop, all of Cheyenne, Wyo., on the brief), for appellees.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The appellees, by their second amended petition, allege that they are the owners of a two-thirds interest in (a) 800 acres of patented land, (b) a preferential oil and gas lease to 80 acres, and (c) an oil and gas prospector's permit to 1,880 acres, the title to which stands in the name of appellant. They pray for a decree adjudging them to be such owners, and requiring appellant to make appropriate conveyances or assignments. The trial court...

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